Research On The Cases Of Corporate Surplus Distribution

China's company law interpretation 4 regulates the litigation status of shareholders and companies in the company's earnings distribution,and stipulates that shareholders' earnings allocation requests are supported when the company has a specific allocation.If there is no distribution plan,it does not support,but when there is shareholder abuse power In the case,the court can force the company to make a surplus allocation.However,the data from the case statistics show that the company law interpretation 4 does not have a material impact on the trial of the surplus distribution case.Through a large number of case studies,it is shown that the obstacles for shareholders to request the company's earnings distribution are mainly manifested that the shareholder's qualification and the non-distribution plan are difficult to obtain the court's presiding.For the obstacle of shareholder qualification,the judgment difference of the court is mainly reflected in the influence of equity transfer and the identification of the shareholders' qualification of the anonymous shareholders on the shareholder surplus allocation request.In the case of no distribution plan,although the Interpretation of Company Law(4)stipulates that the court can force the company to make surplus distribution in the case of abuse of power by shareholders,the principle clause of abuse of power by shareholders is less practical and the shareholders in the trial.It is generally difficult to achieve mandatory earnings allocation.China's "Company Law" and the corresponding judicial interpretation are not only insufficient in experience but also flawed in the system in solving the problem of the company's surplus distribution.This will inevitably lead to the shareholders' demand for surplus distribution in the judicial practice.In this regard,China should,under the current legal system,draw on foreign judicial experience and legislation,and reconstruct the system of claim for shareholders' surplus distribution through legislation and judicial interpretation on the basis of domestic society.In this way,the shareholder's surplus distribution claim is protected.