| On August 28,2017,the Supreme Court promulgated the provisions on the application of the company law of the People's Republic of China(4).Article 13 to article 15 is a detailed stipulation on the relevant system of the claim to the profit distribution of the shareholders of the company.This is also the first time in our country law for the profit distribution system detailed statement.Himself by reading the supreme people's court gazette,read books at home and abroad,read a lot of academic works,comparative reference domestic courts at all levels of real case and so on,through case analysis and comparative analysis to find the current judicial practice and the problems of theory and judicial predicament,and find improvement ideas and solutions,this paper points four chapter of the shareholders of a company for profit distribution are studied: the first chapter,first of all for profit distribution to the shareholders of basic system theory are analyzed and summarized;In the second chapter,the author analyzes the current situation of the system of the right of claim for the profit distribution of the company's shareholders.Introduced two classic case in the judicial status quo,through the analysis of the typical cases,extracting in court in judicial practice at present the main ideas and related to the referee basis,find out the disadvantages of handling disputes in judicial practice at present and could cause social problems,including lack of agreed in advance to the articles of association of the company,major shareholders use a variety of ways to infringe on small and medium-sized shareholders profits allocation,objection shareholder dividends for repurchase lack of operability,the shareholders' committee resolution null and void and revocable v.limitations,shareholder right to know of the scope too narrow,the burden of proof is unknown which is the cause of profit allocation disputes by large shareholders;The third chapter,on the basis of the extensive reading of releva. |
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