Research On The System Of Remedies Of Shareholder’s Claim Of Compulsory Surplus Distribution

With the introduction of the 5th provisions of the Supreme People’s Court on the Application of the Company Law of the People’s Republic of China in 2019,the relief of the right to claim the compulsory profit distribution of the shareholders of a limited company has once again entered the public view.However,with the development of economy in recent years,the problem of profit distribution in limited companies is becoming more and more prominent.At present,our country has established and consolidated the relief system of the limited company shareholders’ compulsory profit distribution claim right,and has gradually deepened the protection of the rights of the minority shareholders.However,there are some difficulties in the connection between the relevant provisions and the Company Law of China,and the supporting system needs to be improved,such as the lack of clear definition criteria for the application of the premise of the compulsory profit distribution claim,the lack of basis for determining the content of the company’s compulsory profit distribution,and the imperfect remedies for the shareholders of limited companies.Based on the background that the legal system and judicial practice need to be improved,this paper firstly reviews the law and judicial interpretation of the right to claim for compulsory profit distribution of limited company shareholders,and finds out the shortcomings of the current system.Besides,this paper makes an empirical analysis and studies the judgment principle of local courts,finds out the problems existing in the field of judicial practice,and explores the root causes behind the problems in order to optimize the relief of the right to claim the compulsory profit distribution of shareholders in our limited company at the level of legal system and judicial practice.The first chapter mainly analyzes the basic theory of shareholder’s compulsory profit distribution claim relief.This part starts from the type division of the compulsory profit distribution claim relief of limited company shareholders,studies the theoretical basis,then analyzes the main principles applicable,and lays the foundation for the value analysis and optimization path of the compensation system of the compulsory profit distribution request relief systemThe second chapter mainly studies the current situation of the legal and judicial interpretation of the remedies of the shareholders’ compulsory profit distribution claim.This part discusses the law and judicial interpretation of shareholder’s compulsory profit distribution claim right relief,finds out the deficiency of the limited company’s compulsory profit distribution claim right relief in the current system and reflects on it.The third chapter makes an empirical analysis on the relief of the claim right of the shareholders’ compulsory profit distribution in China.This part first grasps the characteristics of compulsory profit distribution litigation and analyzes the current situation of profit distribution claim relief under two types of litigation.The fourth chapter aims at the problems found in the legal analysis and empirical research,draws lessons from the relevant experience of the United States,seeks the legislative and judicial perfect path,in order to provide the optimization suggestion for the shareholder’s compulsory profit distribution claim relief.The possible contribution of this paper lies in: through the study of the latest judgment,detailed analysis of the court in the compulsory profit distribution claim relief related to the judicial interpretation after the introduction of the applicable situation and judgment standards,and after sorting out,through the way of data comparison and case comparison,class discussion.In addition,from the discussion of compulsory profit distribution claim to the company’s profit distribution content identification basis research.The deficiency of this paper: in view of the author’s limited foreign language level,the sample of foreign court case selected in this paper is less.In addition,the concept of "shareholder’s fiduciary duty" is not fully discussed.Therefore,on the basis of this thesis,the research on the remedy of claim for compulsory profit distribution of limited company shareholders needs to be further deepened.