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《公司法》第四条明确规定“公司股东依法享有资产收益的权利”。公司利润分配也是公司从事经济活动的根本出发点之一。然而数据显示,我国公司尤其是上市公司股东分红范围小,数额少的问题尤为突出,虽然,证监会多次下文,并逐步建立上市公司强制分红制度。然而,与强制分红制度本身的漏洞以及饱为诟病的行政权主动干预公司自治的问题相比,司法权的被动式介入上市公司分红,不仅维护了公司的自治,也将更好的保护中小股东的利益。
Article 4 of the Company Law clearly stipulates that “the shareholders of a company shall enjoy the rights of assets in return according to law”. Profit distribution company is also one of the fundamental starting point for the company engaged in economic activities. However, the data show that the issue of small amount and small amount of dividends for Chinese companies, especially for listed companies, is particularly prominent. However, the CSRC has repeatedly stated the following and has gradually established a mandatory dividend system for listed companies. However, compared with the loopholes in the compulsive bonus system and the full-fledged executive intervention in corporate autonomy, the passive participation of the judicial power in listed companies not only maintains the autonomy of the company, but also better protects the minority shareholders interest.