论股东分红权-法律专业论文.docxVIP

IV IV rights problems, these problems include capital principle of the majority shareholder back equity dissent, realize difficulties, shareholders rights consciousness is not strong, etc. When the shareholders cant receive dividends are infringed upon by judicial effectively protect rights of shareholders, the court for judicial intervention of caution principle, to make a fair judge, even didnt accept shareholders for compulsory dividends lawsuit. Based on the analysis of the infringement on the basis of the reasons to receive dividends shareholders put forward a series of legal advice. Recommends modifying existing law legislation, perfecting shareholders equity prices back from America, determine the mechanism of judicial precedents comprehensive use of market value, revenue and the value of the property value, fair and reasonable method to determine the refund shares. Our company will suggest the 75th regulation of shares by five years, instead of the highest number, or simply regulation withdrawal will be forced into the articles of association of the company, the condition of fully protect shareholders to receive dividends. To protect the shareholder know what happened, improve information disclosure system, is the premise of protecting shareholder receive dividends. We should pay attention to the company accounting system, enhance the companys accounting system of punishment, and strengthen the protection and company shareholders resolution not share out bonus of information disclosure obligation. This paper suggests establish shareholders for compulsory dividends litigation system, analyses the cause of the compulsory dividends, legitimacy and necessity. But the application of forced dividends, this is not the conditions that achievement of share out bonus for compulsory shareholders accords with infinite must also internal dissent shareholders relief, clear and must oppose dividends resolution is in compliance with company under the condition of share ou