Donated The Legal Issues

Corporate Social Responsibility originated in America. That has been a problem how to definite it. Alzy Carroll defined it as including economy, law, ethic, and charity responsibility. Corporation donation is a kind of Corporate Social Responsibility, it includes charitable donation and political capital contribution. The former is the main body of this thesis. At the end, the author discusses another type of corporation donation, political capital contribution by the appropriate regulatory and legal system.In the second section, it discusses the justification of corporation donation by taking Corporate Social Responsibility as the foundation. The author advocates that corporation donation belongs to and is located to the topmost level of Corporate Social Responsibility, this better manifests the expectation to the enterprise by the society but the non-request, it is one kind of advising responsibility. It tightness comes from the" Enlightened Self-interest" and " Good Citizen ".In the third part, the author inspects the motivation of corporation donation. The exterior agent of it lies in the request of the special social policy . Corporate Social Responsibility is the product of the company autonomous which unifies with the government regulation under the special social policy. (The most important form of government regulation is company law),it expresses the social demand. But we need to inspect its donation motive to get the internal agent. Synthesizing many items of Chinese and American memoir, we can conclude 12 main internal agents including tax preference and strategic donation. At present the former causes the widespread argument in China. Most of the domestic researches make the immature tax system as the important attribute for restricts of corporation donation in China. Under the background that corporation donation is encouraged ,the government regards the new《enterprise income tax law》as an effective policy tool for driving corporation donation, but the author advocates that the drive will be limited and can not be anticipated highly. With the consummation of the market economy system, Chinese entrepreneurs have already and gradually realized the true meaning of the strategic donation "Doing better by doing good". They also more and more soberly realize that charitable donation and the commercial interest can influence mutually and complement each other.In the fourth part, the author discusses interest balance and the clause designation of corporate donation. Standing in a creditor's stand point, in order to evade the debt, the company donates by false or for fraudulent bankruptcy, and probably strips the company's effective property, which leads to the reduction of corporation properties, he reduction of performing ability, and finally harms the creditor's benefit. However, standing on the shareholder's side, corporation donation may bear such shortcomings:1. it can cause the reduction of...thus to affect the company shareholders' right of self-benefit 2.without planning, capital stability will affect the company's normal operation 3 corporation donation can possibly cause the directors of corporations to abuse the right to seek personal benefit, which increases shareholders' moral risk. Therefore, looking from the facial expression, when the policy-making power is controlled by their own, the shareholder can most directly maintain their benefit , preventing management hierarchy abuse of right to implementing corporation donation. However ,when compared with management hierarchy, as an owner, general meetings of stockholders bears the conservative nature, moreover, as a ad hoc organization, it lacks of the skill and efficiency in the fast changing market environment Its policy-making cost is extremely high especially in the situation of strategic donation .Meanwhile, it is more appropriate to confer the general policy-making ownership to the board of directors. Namely the board of directors is authorized to determine the goal, the target, the procedure as well as the amount of company corporation donation. When the shareholder can make a limit in the regulation, as for what resulted from the trustee in exercising their donation and policy-making rights, in fear of the trustee's abuse of the right and the benefit of the shareholder and the creditor maybe imparted ,we can make a reference to the related rules of China's present "Contract Law" "Company Law' and "Bankruptcy Law' .As for the donation of the design of the clause of orientation in China ,the author endorses the 2.01 of practice in the section "Principles of Corporate Governance: Analysis and Recommendations" in the "Company Law" in the mining ALT enacted in 1984. He approves to regard donation as a responsibility to advise, making it clear in arbitrary norms that companies can donate based on public welfare, humanitarian, education and charitable purposes. This is the case, not only because corporation donation reaches to the highest level of social responsibility for which society can only hope it to do so rather than requiring it to do it, but also because of the special social background in China. People make strong appeal in public opinion to intensify the conduct. However, they do not realize the fact that the donation awareness of China's groups who firstly became rich remains stagnant owes to many reasons among which the author considers that the lack of security sense for property owners is an important factor. They do not know whether the property has been owned by the assured, and they do not know when the policy will be changed either so their property lacks of legal protection .In this context, corporation donation can not and should not be given enforced regulations.The author talks about the so-called corporation donation much more from the perspective of charitable donation .In the fifth part, the author discusses another type of corporation donation, political capital contribution by the appropriate regulatory and legal system. Political capital contribution has been a very controversial term, from the author's point of view, the design of it is originally to hope political figures to take part in the elections reasonably by the without-pay donation, which avoids the shortcomings that only the rich can participate the election. It is also a characterization of "No Property, No personality" in politics, and its existence is without justification. Many disputes can not and should not be expected to be solved by the complete elimination of political donations,. Instead, it should be accompanied by the relevant bills to clear up the process of political donations( such as revenue and expenditure declaration)and can be supported by the relevant provisions of corporate governance to solve the above problems.