The Research On The Law Problem Of Corporation Donation

As the typical way to fulfill social responsibilities of modern corporate, corporate donation not only helps to establish a good social image of the company and enhance internal cohesion and identity of employees, but also to promote the prosperity of the whole of the market economy and achieve the company's own development.Therefore, donation behavior of corporate play a very important role in social development of China, especially in the development of public welfare. Corporate donation is of great significance to social harmony and stability and the company's own long-term development, is an important legal system on modern company law. Companies engaged in donation behavior not only donated the material and spiritual support to the beneficiaries, but also enhance the company's image, stimulate internal staff cohesion and identity, the development of the company itself will also have a positive effect. In recent years, the amount donated and the companies involved in donations were tested per year growth trend.However, because the establishment of our company system is relatively late,and the donation behavior of corporate in the course of development in China is relatively short, so our system of corporate donations, whether in theory or on the legislative level, there exists much remains to be perfected. In theory, the research on the behavior of the company's donation could not cause enough attention to legal scholars, law-related monographs and law papers are more rare;On Legislation, there is a serious lack of legal regulation,and the system is not systematic enough. In practice, because of lack of theoretical research and the lack of legal regulation, acts in implementation of the corporate donation had a lot of legal problems. If these problems can not be solved in time, will be bring about serious negative effects to China's development of the corporate donation system.In view of it, this thesis analysis these problems in perspective which reflected from "donations door" enent of Vanke,such as the relevant legislation is imperfect, reasonable limits of corporate donation is not clear,conflict on interest and Lack of coordination mechanisms and so on.Then we discuss these issues one by one,and analysis in-depth the causes of these issues,and proposal that we should regulate the compeny's donation behavior in these aspects,such as building of internal decision-making and restricting mechanism, consummating of the rights relief system of stakeholders and Strengthening of the external incentives and so on. Finally, the thesis puts forword the overall ideas and concrete proposals on perfecting our legal system of corporate donation,so as to give my all to the establishment and improvement of corporate donation system in China.