The Dividends Of The Shareholders The Right To Distribute Conservation Research,

Shareholders' right to dividends distribution, as an important property right, is a core element of powers of shareholders. Generally speaking, to pay dividends falls into the company autonomy range, and the company will make the decision on whether or not to pay dividends and how. But the principle of company law that the power of decision resides in those who control most of the share has decided the minority shareholder have difficulties in participating in the management and decision-making of the company. The ways to protect shareholders' right to dividends distribution provided in of China are too indirect to guarantee the implement of the right. Direct protections are needed to endue small shareholders with right to bring a lawsuit of forced dividends distribution.This article has several parts as follows:Chapter 1"Foundational theories on dividends distribution". General questions such as the concept of dividends, the function of dividends distribution, and the material and procedural conditions of dividends distribution are introduced to prepare for the following discourse.Chapter 2"An analysis to the reason for invasion of shareholders' right to dividends distribution". To summarize circumstances and discuss the cause of invasion of shareholders' right to dividends distribution to illustrate the practical necessity of protecting the right.Chapter 3"The protective methods of shareholders' right to dividends in of China and limitations".To conclude the current protective methods and limitations to come to the conclusion that new ways should be opened to protect shareholders' right to dividends.Chapter 4"Direct protections of right to dividends distribution—introducing litigation of forced dividends distribution". Searching for theoretical principle of civil liability ascertainment, enumerating the practice of common law countries and the mode of processing related actions in China, emphasizing the bounds of judicial power intervention in dividends distribution to safeguard company autonomy. Chapter 5"System designing of forced dividends distribution litigation". To plan significant procedural rules such as legal ground, condition of action, litigants, burden of proof and judgment to ensure the operability.