The Research On The Legal Issues Of Corporation Donation

Traditional Corporation Law took rentability as company's most important trait,and considered that the fist aim of a company is trying hard to make money.Because of its' free characteristic,corporation donation was usually deemed to be unlawful in those days.Afterwards,as the development of society and the introducing eidos of Coproration Citizen and Corporation Social Responsibility and so on,corporation donation was gradually permitted by the law.As a legal method of disposal about the assets of the corporation,it is of great importance that the donation of corporation is playing an outstanding role in making our society more comfortable as well as the development of corporation itself,and it's also very important in our Corporation Law.At first,the article applies the methods of conceptive comparison and comparative analyzing to explore the inner elements of the legal institution,it holds the opinoin that corporation donation is a kind of act that the company donates its assets to others for free,aiming to improve the society public welfare or for some other special pupurse,it must conform the rules and in the name of company.Then,the article expatiates the legal chatacteristics and legal traits of the donation of the corporation in two perspectives,discourses upon the legal force of corporation donation,and points out the importance of the institution.The article introduces the institution abroad,applies the legal method from historical perspective,the methods of comparison and positivism,it discusses the current situation of our country in particular way,putting forward the chief problems exist,such as conflict on interest,the legislation is laggard,and so on,it can't satisfy the needs of society and even has a lot difficulties in the process of appliance.It is neither fail to motivate company's enthusiasm in taking social responsibilities,nor fail to regulate company's behavior and protect their interests.At last,the article makes conclusive suggestions about the donation of the corporation applied in our country.Based on the studies above,it proposes some personal ideas related,for example,designs a kind of system including decision-making,supervision and motivation to reduce the conflict of interest,legal suggestions and so on.