Conflicts Of Interest In Corporate Donations And Their Legal Adjustments

Company donations are foreign one of the most direct manifestation of social responsibility,it is not only a company implementation of philanthropy,but also a way of business,the company reflects the company must take in moral obligations.Company giving legitimacy is the result of balancing of interests,the system design should fully embody the balance between the shareholders,company and society.Current Company Law specific provision in article 5,when conducting business operations,a company shall comply with the laws and administrative regulations,social morality,and business morality.It shall act in good faith,accept the supervision of the government and general public,and bear social responsibilities.The company's lawful rights and interests are protected by law,shall be inviolable.It established the legal basis of company social responsibility,at the same time can also think,social responsibility is an obligation of the company must bear.Company to undertake the social responsibility of a variety of forms,donation is just one of them.At present our country law in this respect is very broad,in addition to the Company Law,Contract Law,Public Undertakings Donations Act and other legal norms are also involved.Domestic academic circles to the company donated a conflict of interest problem in the process of study,lack of interests balance concept analysis,so the existing system is difficult to effectively protect company donation purposes,is difficult to effectively control the occurrence of false philanthropy.Based on the perspective of interests balance,the company need to comply with the reasonable donations,autonomous,the basic principle of due process,responsibility regulation,in the concrete system design,theory and practice in our country does not seem to have a clear response.Company donation system design of the core is to participate in the main body of interests between the parties full measure,analyze the root cause conflicts of interest,the focus will be available to the contract law,tax law and other fields,to conduct a comprehensive plan as a whole,coordinate,build the investment decision-making,information disclosure,incentive is a body corporate giving legal system,system regulation management responsibility and obligation,and gives its stakeholders effective relief path,in order to achieve effective balance the conflicts between the related subjects.