Study On The Anspruch Of Mandatory Profit Distribution System

The paper study on the anspruch of mandatory profit distribution system(hereinafter referred to as AMPDS).As a for-profit individual,companies regarded achieving profit as the purpose.The ultimate goal of Shareholder Investment Company was to obtain return on investment and revenue.The anspruch of mandatory profit distribution was one of the shareholders'rights to the core.In the past,China's Company Law and the judicial practice in a long-term upheld the company dividend-distribution to shareholders with the premise of Shareholders Meeting.This approach not only negated the shareholders' abstract profit distribution,but also ignored the interests of minority shareholders suppressed by the major shareholders,which did not accord with the Corrective Justice and duty rules in terms of the company autonomy damage.The establishment of AMPDS allowed shareholders to prosecute because of being unable to obtain or get very little profit distribution.It had both theoretical rationality and practical necessity.Except for the introduction and the conclusion,this paper can be divided into four parts.The first section overviewed the anspruch of profit distribution in the perspective of concept and the legal character.Moreover,it demonstrated the connections of the practical and abstract anspruch of mandatory profit distribution and the concept and the legal character of the anspruch of mandatory profit distribution.The second section described the theoretical basis of AMPDS,which divided into four aspects especially corporate purposes and stockholders' reasonable expectation,company autonomy and judicial intervention,the equality and heterogeneous of the shareholders,faith obligations and small shareholders'protection.The third section discussed AMPDS in the perspective of the civil law and the common law,especially about the theory,the construction of the system and the experience for China.The forth section analyzed AMPDS and focused on the situation of the current system,including the improvements and the disadvantages,and the next possible amendments.