The Research On The Legal Issues Of Corporation Donation

With the development of socialist market economy and the theory of corporate social responsibility (Corporate Social Responsibility, referred to as CSR) rise, the company public donations has aroused more and more attention and research in the law theory circle of our country. Company donation, is one way of the company’s gratuitous transfer of property, having great significance to the development of market economy, companies and society. On one hand it is one of the ways for the company to take their own social responsibility, on the other hand it can relieve the pressure of the government, promoting social harmony in the intensification of social contradictions of today. However, the true sense of China’s company law system establishing and forming later, coupled with the company to promote economic development as the most important and the most active new subject, its development speed is very fast, so that at present our country company donation is still in its initial stage compared to developed countries such as Europe and America. This article mainly discussed the corporate donation behavior from the perspective of Corporate Charity Donation legal problems. It mainly includes the following four parts.The first part mainly introduces the basic theory of corporate donation, first using the concept analysis and horizontal comparison of the analysis methods for defining the company donation concept. And on this basis of concept, mainly analyze the company’s charitable donations in the presence of a conflict of interest, since the separation of ownership and management rights and corporate commonweal donation leads the reduction of company property, making the debt paying ability reduce, will inevitably lead to interests conflict between the shareholders and the companies, between the shareholders and directors of companies, and between the company and the creditors. All of this make a foundation of this article.The second part is our country corporate commonweal donation legal problems at present. Although the company public welfare donation itself has a conflict of interest, but such conflicts of interest can be based on the balance of interests between them and alleviate somewhat. At present our country corporate commonweal donation is lack of this benefit balances, making the loss of shareholders and creditors. At the same time, our company also exist these questions including the small scale of donations tax-free scope, the lack of equity donation and the relevant provisions on corporate commonweal donation problems such as lack of supervision.The third part is mainly explained the other countries’donation system and the enlightenment of the problems that our country public welfare donation have. Introducing Germany, Japan, the United States corporate commonweal donation system, in the company’s charitable donations have rights, how to establish a interest balance mechanism of company public donation,how to make China’s public donation perfect,on these parts give our lots of enlightenment.The fourth part mainly discusses how to improve the above mentioned in the our country company donation problems, including clear corporate commonweal donation decision main body, build sustainable mutual beneficial donation in order to protect the interests of shareholders and creditors. Establishing diversified company donation incentive mechanism. Perfecting China’s corporate commonweal donation in the donation of company equity and strengthen the supervision of charitable donations.The main innovation of this paper is the donation law of ownership problem elaborate, including a guarantee of the disposition of equity donation in public donations and the establishment of equity donation assessment system, and distinguish two main part between equity donation. And put forward the views that how to protect the company’s donation of the interests of creditors. But at the same time, on how to properly protect the interests of small shareholders is not analyzed thoroughly, need to further strengthen the theory study.Company donation only can have a healthy development in a legal and reasonable regulation, in determining a company public donations have the right on the basis of the establishment of the company, donations to the benefit balance mechanism of shareholders, creditors and other aspects of the interests for the company; define the donation decision making body, making authority limits in the amount of donation and donor object and so on board decision, at the same time to alleviate the conflict of interest, and establish the company’s sustainable donation system; in terms of monitoring, on one hand need to strengthen the donor and the recipient information disclosure, on the other hand, also should strengthen from internal and external supervision and management. Only gradually solve company donation’s legal issues to make the company public donations in the regulation of law, both encourage corporate social responsibility, social returns, and to safeguard the interests of shareholders and creditors.