Legal Responsibility Research Of The Enterprise Foundation Establishment

With the continuous development of the socialist market economy in our country and the people of wealth accumulation,the enthusiasm of enterprises to participate in social public welfare is higher and higher as of December 31,2016,in the national 3980 non-public offering foundations,corporate foundations and foundations to occupy an important position in university,which was launched by the enterprise in the enterprise foundation has 763,accounts for 19.17% of the total number of national non-public foundation foundation charity law and regulations in our country is give priority to in order to adjust the administrative legal relationship,and not from the perspective of private law norms on the foundation of civil relationship between equal subjects,etc to for specificationBut in the process of foundation,more embodies a kind of civil and commercial legal relationship,therefore,this article wants to study corporate foundations set up the legal responsibility,perfect the enterprise fund governance structure.This paper is divided into three parts:The first part analyzes the concept of the founder of the enterprise foundation,the nature of the behavior and the obligations of the founder.Draw lessons from the charitable act and the regulations on the administration of foundations in the relevant provisions of the sponsors,the establishment of the enterprise foundation form as the launch in the process of the establishment of corporate foundations,to set up the affairs of enterprises or entrepreneurs.Combined with the corresponding theory is that the establishment of corporate foundations for unilateral legal act without the other party,is to become effective,jointly established the behavior of the corporate foundations for any common behavior,set up one person or several people donation behavior of flaws,would not affect the validity of the common behavior.And according to the foundation of the enterprise shall establish a person behavior and the nature of behavior in the process of execution to set up the transaction has been clear about the enterprise foundation set up theoretical foundation which set up the legal liability of donated property and duties,the diligent duty of care and information disclosure obligations.When the founder violates the corresponding obligations,he/she shall bear the relevant legal liabilities,namely,donation property liability,damage compensation liability,contract liability and disclosure of information;The second part analyzes the corporate foundations established bear legal liability legislation on the problem: the establishment of corporate foundations way is not clear,the establishment of the people donate the belonging of the decision-making and behavior intention of defects when enterprise bear legal responsibility the rules of the fuzzy set up people and established ways in setting up stage set up people or directional corporate foundations established through way,set up a missing person on the other side of the civil legal liability;The third part is on the basis of the second part of our country enterprise foundation to set up the improvement of the legal liability puts forward the corresponding Suggestions: to clear the concept of the establishment of corporate foundations with sponsors,set up can be used to launch and directional floatation this two ways to set up corporate foundations.Set up person in violation of the donation property duty relief system,set up the person's liability for damages,the foundation of the enterprise creditors contract liability as well as to the donated property of information disclosure and the establishment of failure return the donated property legal responsibility.Should improve the donation in the state-owned enterprises property decisions by the state-owned assets supervision and administration institutions and the approval of a majority of all directors is valid,in private companies are required to pass through a shareholders' meeting is valid and when donations resolution flaws to set up the legal liability.