A Study On The Legai Issues Of Judicial Forcing Companies To Distribute Profits

Shareholders invest in a company for the purpose of distributing profits and determine their shareholding proportion according to the amount of investment,thus affecting the decision-making right of shareholders.Under the capital majority rule,it is the shareholders with a large proportion of equity that have a great say in the company.Meanwhile,due to the influence of business judgment rules,the company has a high degree of autonomy,which leads to the infringement of the legitimate rights and interests of minority shareholders by the controlling shareholders,and the shareholders' right to claim profit distribution is also damaged.When the aggrieved shareholder asks the court to force the distribution,the court will often reject the aggrieved shareholder's request on the grounds of company autonomy.Therefore,the claim right of the company profit distribution of the minority shareholders cannot be effectively guaranteed.Introduction of "Provisions on Several Issues Concerning the Application of the Company Law of the People's Republic of China(IV)",To a great extent,it changes the passive position of the aggrieved shareholders in exercising the right to claim the distributed profits before the regulations are issued,and highlights the concept and value of fairness and justice of the law.It highlights the concept and value of legal fairness and justice.Based on article 15 of the "Provisions on Several Issues Concerning the Application of the Company Law of the People's Republic of China(IV)" It clarifies the legitimacy of the court to check and balancethe principle of corporate autonomy based on the principle of corporate justice and the principle of equal rights of shareholders;To make clear that the abuse of shareholder's right is the basic premise of judicial compulsory distribution of profits,and to analyze the specific performance and proof rules of the identification standard of shareholder's right abuse in combination with judicial practice;Finally,according to the uniqueness of the lawsuit on the basis of the judicial force of the company to distribute the profits,it clearly expounds the boundary of the litigants and how to realize the issue of profit distribution.