Research On Corporate Mandatory Dividend System

The ultimate purpose of shareholders to invest in property to establish a company is to obtain profits.However,profit distribution is a category of corporate autonomy.Due to the heterogeneity of shareholders and the majority of capital decisions,in practice,there are often cases in which majority shareholders rely on shareholding advantages,abuse their shareholder rights,make dividend distribution decisions difficult to pass,and even infringe the claims of other shareholders' dividend distribution.In addition to the imperfect laws and regulations,the infringed shareholders often have no access to relief and have to suffer from it.The Interpretation of Company Law(4)introduces a mandatory dividend system,which is intended to correct such failures in the company.This article has six parts.Except for the initial introduction and the final conclusion,the main part is four chapters.The first chapter is an analysis of the relief of the company's shareholder dividend distribution claim rights.By explaining the shortcomings of the current law in the relief of shareholder dividend distribution claims,a new system of mandatory dividends is introduced,and the core issues involved in this paper are proposed in a targeted manner.The second chapter is the necessity and legitimacy of the mandatory dividend system,which aims to explain the realistic basis and legal basis of the mandatory dividend system.First of all,this chapter emphasizes the importance of dividend distribution,and then analyzes the reasons why the right to claim dividend distribution of small and medium-sized shareholders is vulnerable.After discussing the reality that the rights have no relief after the violation,further emphasis is placed on the need for mandatory dividends.Secondly,it is the legal basis and the basis of claims of the mandatory dividend system.The purpose is to demonstrate the legitimacy of the mandatory dividend system from the perspective of jurisprudence.Finally,it's a dialectical analysis of the mandatory dividend system,including positive and negative.Through the negative effects,the third chapter of the article is introduced,that is,the judicial intervention in the system of corporate autonomy.After analyzing the reasons why the judicial intervention of corporate autonomy requires boundaries,this chapter determines the three principles of judicial intervention in corporate autonomy,and sets the tone for the following.Then,on the basis of the reference on extraterritorial judicial practice,the conception of the judicially intervening in the autonomy of the company's autonomy in the system of mandatory dividends is proposed,which provides theoretical thinking for the practice in China.The fourth chapter is the practical requirements of the mandatory dividend system.This chapter explains the specific operation mode of the mandatory dividend in practice from the substantive requirements and the program requirements.So far,the article has carried out a comprehensive and targeted theoretical analysis and practical construction of the mandatory dividend system,with a view to making the system truly effective.