Research On Conflict Of Interests In Distribution Of Company's Profit And Coordination

This dissertation is talking about the Dividend and the Distribution in the Corporate Law. From the company's basic Distribution of profits theory, This dissertation Analysis the various conflict of the company's profit distribution . And set forth a sound corporate profit distribution system of personal views and proposals.This dissertation includes three parts, which are the preface, the text and the conclusion. And the text is divided into three chapters.Part one mainly analysis the company's basic theory of the profits distribution system's, including the define of profits distribution, the scope, source, assignment proportion and payment method of profits allotment,power to make decisions, provident fund, community chest system, invalid allotment,and etc.Part two illustrate the conflicts on the dividend policy among the stakeholders-Shareholders, Creditors,Empliyees and the Government. The study of the conflict of profits distribution is divided into two-part, First, the conflict between the private interests and public interests .including the conflict between the companiy's benefits and revenues; The interests of shareholders with the company's development interests;The company's benefits and social and public interests etc. Secondly it is the private interests of the conflict of interests .including the conflict between the major shareholders, the small shareholders; between the shareholders and the creditors; between the shareholders and the company management; And analyze the reasons of the conflict of interests among all the parts.Part three analyzes the shortcomings of our country's company profits allotmentsystem, and then gives the author's personal suggestions about the relevant regulations. The author suggest that, Established the following basic principles: The principle of revenue priority, Balance between fairness and efficiency ; Balance related to the protection of the interests of the main principles .The specific proposals are as follows : First, Shareholders to increase specific power to distribute profits of restrictive clauses; Second, to ensure the small shareholders have the right to do the legal representatives litigation; Third, to establish the concept of credit assets and strengthen the protection of the interests of creditors ; Fourth , to strengthen the obligation of directors and improve the accountability system ; Fifth, to promote the corporate social responsibility legislative process etc.