Study On The Dividend Claim Rights Of Minority Shareholders In China

With tile modernization of company law,China'S Company Law gives the companymore and more autonomous space Full respect for the autonomy law fima,controllingshareholders play a significant role in COlnpany operation,and usually play a decisive role incorporate decision—making．But the improper use of control will cause damage to otherstakeholders,alld the dividend distribution may be manipulated or symbolic points thatdividend by controlling shareholder abuse of power to control the mecting of shareholders,which will damage the yield fight of minority shareholders The existing company lawprovisions have little direct protection of the right to request an abstract specificationDividend．In some places,even parts of the documents of theⅢgh Court do not support theclaim of abstract Dividend clearly These above make minority shareholders'dividend claimand the abstract question of the violation call not be effectively protected China'S CompanyLaw is necessary to learn more reasonable provisions of Company Law outside,such asmandatory dividend distribution making up our company law．This article describes theinandatorv dividend distribution system of the United Statcs and the the advantages of umPairprejudice remedy systcm on protecting shareholders'rights ofdividend distribution in Britain,and analysis week points ofthe protection on dividend distribution in China'S Company Law．China should put forward a sound protection mechanism on dividend claim,expecting tostrengthen the protection of the right to dividend request．And then promote the substantiveequality o f shareholders'rights Tile research structure of the protection on dividenddistributioll of shareholders as following:The first part of this article makes all overview on dividend claim and related issues andintroduccs the concept of dividend and divideud distl'ibution．the status and nlain features ofdividend distribution These show the pl'essing the status of minority shareholders on thedividencl distribution．The second pal-t of this alticle makes tile connllents on protection lneasures on dividenddistribution of China'S Conlpany Law Sumnlarizing the existing kinds of ways on protectingthe rights of shareholder I_etums and making detailed comments on those various ways,whichcomes to the conclusion that the existing way of protecting the shareholders dividends is not sufficient to ensure realization of the request right,and then it should seek other remedies tosolve this problem．The third part discusses the protection system on the dividend claim rights of minoritvshareholders in other countries'company law,and mainly introduces a mandatorv dividenddistribution of U．S．and British complaints of unfair prejudice remedy system．Then outlinedthe superiority of protection on both medium and small shareholders'dividend claim andmake reference to China．The fourth part discusses the necessity and feasibility of the introduction of mandatorvdividend distribution and the problem should be attentioned of using force complaints．Andthen comes to the conclusion that the introduction of mandatory dividend distribution shouldappeal to protect the interests of small and medium dividend...