Discussing The Statutory Rules For Corporation Donation

The company donated as an important way of transfer of the property of the company, and have important social redistribution of wealth and the development of the company. However, the company as a private law body, after all, is to maximize profits for the purpose, the company donated the behavior will inevitably cause the parties to "stakeholders" conflict. So to solve the conflict of "stakeholders", to maintain the balance of interests of all parties, but also has a vital role to solve the problem of corporate giving. The late start of donated legal system, the Companies Act and its supporting legal system is not yet mature, the need to learn from the experience of countries to be perfect. This paper tries to donations from the company’s legal connotation to proceed, and compared with foreign-related legislation, pointed out that the manifestation of a conflict of interest on the basis of our company donated the legal regulation should take the attitude and mode.This paper is divided into five sections, are summarized as follows:The first Chapter donated an overview is the definition of the concept of the company donated, its to be clarity on the concept, and then expounded the theoretical foundation donated the argumentation company the value of the donation system.The second chapter donated the need for legal regulation, argumentation. The core of their research is the problem of conflict of interest in the company donated. Involving donated in the company and shareholder interests conflict, donated in the company’s interests and the interests of the creditors of the conflict, conflict, conflict, the company donated in the company’s interests and government interests in the company and community interests donated donation conflict of interests with the management of personal interests.The third chapter, I had donated the legal regulation of the status quo and insufficient elaborate analysis, compared with the United States, Germany, Japan, the legislation of the three countries, identify defective at our corporate donation system, be careful argumentation.The fourth chapter donated the perfection of the legal regulation of our company. Some of the major legislative proposals discussed legislative proposals on the mechanism of internal constraints and external constraints mechanism.Chapter Ⅴ Conclusion, summarizing the main point of the full text, and donated the legal regulation Looking good prospects to be.