The Legal System Research On Company's Society Donation

Society donation is an important activity for company in modern society. As a profitable legal entity, the company was thought the only goal of existence is to pursue the biggest benefit for shareholder in the traditional theory of company law. However, along with rapid development of the modern market economy, the negative effect brought by the company is more and more while the company scale is bigger and bigger. Therefore, in the theory of modern company law, it is thought the company should undertake certain social responsibility while pursuing benefit and company's society donation is thought an important way. Through the society donation, company carries on the social redistribution to the company profit and mitigates the social contradiction. It also shares serious social management pressure of the government. So it is very valuable. The system of the company's society donation is mainly composed of three parts: the policy-making system, the encouragement system and the surveillance system. The power of decision-making of company's society donation should be enjoyed by board of directors. In the meanwhile the board of directors should choose the donee simultaneously and determine the amount of donation using"the Rational Principle". In the encourage system, it should introduce the prestige encouragement system besides the traditional tax revenue. In the surveillance system, the company, the shareholder and other benefit counterparts should be given certain surveillance way separately. In china the company's society donation exists many serious problems and one important reason is the deficient of perfect system company's society donation, such as the body of the policy-making unclear, the decision-making procedure flaw and the determination system of donation amount flaw and so on in the policy-making system, the tax revenue flaw and the prestige system flaw and so on in the encourage system, the restriction of breaking a donate promise insufficient in the surveillance system and so on. So we need to consummate the system of company's society donation urgently. Firstly, we should make out one perfect "Promoting Philanthropy Law" as soon. Then, we should consummate the policy-making system, the encouragement system and the surveillance system through legislation.