Research On The Revocation System Of Charitable Donations In Bankrupt Enterprise

The act of donation is gratuitous,and the donation made by the enterprise within a certain period before entering the bankruptcy procedure belongs to the object of bankruptcy revocation.Charitable donation is a special form of donation,which is characterized by both commonweal and gratuitousness.At present,there are some deficiencies in the regulation of charitable donation of bankrupt enterprises in China,that is,whether the general donations and charitable donations of enterprises can be revoked without distinction in bankruptcy proceedings has not yet been determined in the legislation.An arbitrary revocation of corporate charitable donations will damage the beneficiaries and social credibility mechanism,at the same time,an absolutely prohibitionin the revoke of charitable donations will harm the interests of corporate creditors.Without a sound revocation system of corporate donation,the regulation of charitable donations is not completed,similarly,without special provisions for charitable donations,the bankruptcy revocation system is also not comprehensive enough.This paper takes "prevention first,relief as auxiliary" as the research idea toconstruct the revocation system of charitable donations of bankrupt enterprises.The main research contents include four aspects:First,combined with the latest theoretical achievements and legislative materials,to define the behavior of charitable donations of bankrupt enterprises,analyzes the characteristics,classification,composition and nature of philanthropy,and the conflicts of interest in the revocation of charitable donations of bankrupt enterprises.Second,probes into the reasons and conditions for the revocation of charitable donations of bankrupt enterprises,and sums up the legal consequences of exercising the right of cancellation of charitable donations of bankrupt enterprises under the current legislative regulations,and summarizes the deficiency of legislation.Third,use comparative research methods and drawing on the legislative and judicial experience of the United States,in particular the "safe-harbor"provision for charitable donations in the revocation system,as well as the distinction between actual fraud and presumptive fraud in fraudulent transfers,using the legislative technology to realize the objectification of the subjective standard.Fourth,puts forward thatto coordinate the conflicts between the legislative purpose and the subject of the right of revocation in the current legislation,it is not only necessary to establish the standard and preventive mechanism of improper donation of enterprises in the Company Law,but also to consummate the system of bankruptcy revocation right in the Enterprise bankruptcy Law.It is not only necessary to set standards for the decision-making organs of enterprises'charitable donations,the operating conditions at the time of donations,the recipients,the amount of donations,and so on,equipped with a corresponding accountability system,but also necessary to grasp the subjective and objective factors of charitable donations of enterprises,and establish a"safe-harbor" provision for charitable donations of enterprises with legitimacy in the bankruptcy revocation system.