The Empirical Study Of The Judicial Adjudication Of The Surplus Distribution Dispute Of The Limited Liability Company

The claim of the company's surplus allocation is an important embodiment of shareholders' rights.The purpose of shareholders' investment is to obtain the surplus allocation for capital appreciation.Joint stock limited company,especially the listed company because of its endowment and openness,the equity can freely circulate,can very well avoid the loss caused by the surplus distribution dispute.Limited liability company with strong human compatibility,and the imperfection of the legal regulating of the disputes on distribution of surplus,and because of its sealing ability,equity transfer is limited by a lot of,the distribution of disputes between concentrated in the limited liability company and its shareholders,so this paper in view of the limited liability company surplus allocation disputes were studied.This paper USES empirical research method,starting from the judicial practice,to explore the court on the problems existing in the distribution of disputes the referee,as well as the shortcomings of current law regulation,thus to put forward the advice for the construction of the judicial referee rules.The first part mainly defines the concept of "surplus" and "claims for surplus allocation",and distinguishes "surplus" from "corporate profit".In this paper,the author summarizes the "implementation requirements of the claim for surplus assignment" and "the characteristics of the claim for surplus allocation",and has a general understanding of the problems that may be involved in the surplus allocation dispute.In the second part is based on published since 2014,China judicial documents network based on "company surplus allocation disputes" sponsored by 2720 content written judgment,key statistics in nearly three years,1577 cases of judicial documents data,the distribution of the dispute to the company first year,the provincial distribution and different case-hearing level of referees do overall analysis,then focuses on the judgment in nearly three years,eliminate part of the case without research significance,the remaining documents are divided into "shareholder identityand ownership dispute","distributable surplus related disputes","surplus allocation disputes relating to the shareholders' committee resolution","distribution of compulsory dispute","has been transformed into creditor's rights debt disputes","equity transfer dispute","withdrawal dispute" 7 types,on different types of case typed comb,analysis the judge attitude and referee reasons for different cases.The third part,on the basis of the second part,summarizes the dilemma of judicial adjudication of corporate surplus distribution disputes.From the limitation of the judge and the loopholes of current law,this paper analyzes the problems existing in the judicial adjudication of surplus distribution disputes.The fourth part from the legislation,cognizance method,judicial system from three aspects,the judicial referee rules of the distribution of the dispute,in order to better safeguard our country judicial judgment practice of benefit shareholders' equity and justice.