Research On The Legal Issues Of Shareholders' Right To Claim Profits In Limited Company

Since 1978,with the rapid development of China's market economy,a large number of companies have been set up one after another.Shareholders have obtained high profit returns through the company.Up to now,they have entered a society of "people without equity are not rich".In China's market entities,the number of limited companies is in the dominant position.Most of the limited companies are established by joint investment of multiple shareholders,and the profit distribution is also based on the proportion of capital contribution.However,due to the need for improvement of the enterprise management mechanism and operation system,and the credit restriction system is not well established and operated,most of the management rights and decision-making rights are enjoyed by the majority shareholders,and the small and medium shareholders are bound to be subject to the above rights Damage by abuse.Therefore,as one of the rights to protect the interests of shareholders,whether the right of shareholders to request profit distribution is infringed directly affects the development of the company.If this shareholder's right is not fully protected,the financial support of the limited company will be difficult to guarantee,which will eventually lead to the failure of sustainable development of the enterprise.China's company law has few provisions on shareholders' right to claim for profit distribution,but shareholders often have disputes because of the infringement of profit distribution.In this context,the Supreme People's Court issued the interpretation of company law(IV)in 2017,which uses judicial interpretation to clarify the system of shareholders' right to claim for profit distribution.However,because there are only three provisions,it is not enough to solve all the problems in judicial practice.Based on the above reasons,according to the current situation of legislation and judicature in China,the author combs the research results of scholars at home and abroad,studies a large number of judicial cases,draws on the experience of legislation abroad,and puts forward relevant suggestions to improve the right of claim for shareholders' profit distribution in China.The first chapter of the paper states the significance and research background of shareholders' right of claim for profit distribution,summarizes the academic views and research situation at home and abroad,in order to lead to the following research onshareholders' right of claim for profit distribution.In the second chapter,according to the current situation of legislation and practice in this field,the author analyzes the concept of shareholder's right of claim for profit distribution,how to intervene through judicial intervention and its rationality,so as to lay a theoretical foundation for the follow-up study.The third chapter of the paper starts with the case,and sums up the realization conditions of the shareholders' right of claim for profit distribution.In the fourth chapter,the author will continue to summarize the foreign legal system in this field,and analyze the relevant provisions and references in Germany,the United States and the United Kingdom,so as to lead to the problems that should be improved in domestic legislation.The last chapter of the paper puts forward the author's personal opinions in this field according to the exploration of legislation and judicial situation,and puts forward the perfection suggestions according to the content of the paper.