Research On The Legal Problem Of The Claim Of The Shareholders' Profit Distribution

Since the reform and opening up,China's market economy has developed rapidly,and a large number of investors have begun to set up companies to obtain higher profit returns.However,in the actual company management,shareholders often have conflicts of interest because of the inconsistency of business philosophy and profit preferences.The shareholders of a company determine their earnings according to the proportion of their capital contribution,but because the management mechanism of the company is not perfect and the good credit restriction system has not yet been established,the majority shareholders of the company control the majority of the shares of the company to obtain higher decision-making power and management power,then the abuse of the power of the major shareholders,the rights of the small and medium-sized shareholders will be suffered.One of the most important shareholder rights is the shareholder's claim for profit distribution.In the long run,the limited liability company will gradually lose the capital base of sustainable development,leading to the development of the company to a bad path of development,resulting in the instability of the social foundation,the destruction of the market economic order,which is not conducive to the sustained development of the economy.In order to better protect the rights of shareholders,the Supreme People's Court's Provisions on the Application of Several Issues of the Company Law of the People's Republic of China(IV)came into effect on September 1,2017.Articles 13 to 15 of the judicial interpretation mainly stipulate the right of claim for profit distribution in detail.This is also the first time to elaborate on profit distribution in company law.Through the research on shareholder's claim for profit distribution by relevant scholars,combining with the current legislative situation and judicial standards,and drawing on the relevant experience of foreign countries on shareholder's claim for profit distribution system,the author summarizes the existing problems in protecting shareholder's claim for profit distribution in our company,and puts forward the request for shareholder's profit distribution in our company.Suggestions for perfecting the right of claim.