Legal Protection Of Shareholders' Rights In Corporate Donations

With the continuous infiltration of Western donation culture,the concept of corporate social responsibility has gradually entered the hearts of the people,and China's philanthropy is also developing steadily.The concept of corporate donation has been introduced to China since the 1990 s.Therefore,the foundation in China is not solid,and the supporting laws and regulations have yet to be perfected.The misconduct of the company in the process of donation will be more or less related to the relevant subjects.Corporate donation process is complex and lacks of corresponding information disclosure mechanism.Corporate donation as a way for companies to fulfill their social responsibilities is commendable,but after all,the company is a profit-oriented organization,and we can't break the idea that the interests of shareholders.Therefore,how to balance the relationship between them is particularly important.Refer to this article,I mainly introduce it from the following four aspects: The first part,I briefly introduced the concept,characteristics and classification of corporate donations.Then,through the impact of corporate donations on society and the company itself,the institutional value of corporate donations is discussed.The second part,I mainly discusses the necessity of corporate donation: First of all,I comprehensively analyzes the relationship between the corporate donation and the shareholders;then,through the real case,the relevant subjects that cause the shareholders' equity to be damaged in the company's donation,In this paper,I mainly analyzes from the perspective of shareholders,from the conflict of interests between the shareholders of the company to the conflict of interests between the shareholders and other stakeholders in the company's donation.Finally,I discusses the practical significance of the protection of shareholders' rights in corporate donations.In the third part,I lists the status of the protection of shareholders' rights in corporate donations at home and abroad,and then compares the relevant regulations of China.It is found that there are still many places in China that need to be improved: the distribution of decision-making power in company donation is not clear;Insufficient information disclosure;imperfect ways of shareholders' equity relief.The fourth part,this part is the core part of this paper--the perfection of the protection system of shareholders' rights in corporate donation.I first analyzes the principle of corporate donation,and then comprehensively protects the shareholders through the internal and external ways.About internal protection measures:clarify the ownership of decisionmaking power in company donations;strengthen the obligations of company management;give shareholders full right to know;.External protection measures: give shareholders the right to appeal;improve the exit mechanism of dissident shareholders;improve the role of tax deduction in the protection of shareholders' equity;establish post-assessment mechanism for shareholders.