Research On The Right Of Dividend Distribution System Of The Limited Liability Company

Summary The company is essentially the legal fiction, the establishment of its function is to contract relationship between natural persons as the junction, can also be seen as a complex set of contract relationship。This contractual relationship due to legal intervention, will become standard and complete。Another point of view, the company became the legal tools shareholder profits, as the return of equity shareholders investment to the establishment of companies shall be protected by law, which will cover the shareholder’s right to dividends, shareholders of the company for the purpose of investment is to obtain the dividend, earn interest。In order to comply with the development of the socialist market economy, "company law" holds cautious intervention commercial autonomy principle, more hope will give the company dividend distribution rights, but once the company’s dividend policy seriously unfair and would violate the company’s shareholders’ interests, the law in order to safeguard the fairness, we should protect the violation of the rights of shareholders not only is this not intervention, commercial autonomy, but better maintenance of this company operation mode。The right of dividend distribution is an important right of shareholders obtain the return of stock rights, is the core problem of dividend distribution, so how to effectively protect the right of shareholders is essential request。As a fundamental right, it is not only related to the shareholders’real returns, the positive effects of shareholder’s investment will, or even related to the future development of the company。In real life, the existing legal system either in legislation or judicial practice, for the right of dividend distribution has some deficiencies, long-term non dividend, dividend distribution lead to reasonable expectation of the shareholders cannot be achieved, when the violation to a certain extent, the shareholders on the court to initiate proceedings for the distribution of dividends due to the lack of legal system, the court verdict, there is great difference。This paper first introduced the system of the existing concept of dividend value, then the dividend is divided into two different forms according to legal experts, the convenience of analysis。Secondly, research on dividend focused on violations of the right to request the reason and current situation, the key point is to find the cause of the problem and analysis。 and then comparison observation of other countries for reference of different sources of law, one of the more excellent legal system。Finally, put forward a new legal system, make up for deficiencies and defects of the existing legal system to。This paper only to a limited liability company as an example, the characteristics of people with his company, leading to lag behind the Limited by Share Ltd in the dividend distribution problems, so the research in this paper, problems and their solutions are only applicable to a limited liability company.