Donate To Research On Corporate Governance Issues

In 2017,the general principles of civil law established the donation corporation systemin Chinafor the first time.It is an important institutional innovation in the compilation of the civil code to unify the legal persons established by property,such as foundations,social service institutions and religious venues,into the scope of Donation corporation for special regulation.For a long time,foundation,private non enterprise unit,religious activity place and other special types of legal person have been facing qualitative difficulties in the legal person classification system of our country,which leads to the awkward situation that the donor legal person is faced with vague subject qualification and unclear business scope in practice.Moreover,due to the lack of effective norms and guidelines for the establishment and operation of the donor legal person in legislation,the donation For a long time,legal person has many development obstacles,such as low efficiency of operation,confusion of internal governance,weak external supervision,etc.it has been in the central area of the vortex of public opinion,facing a serious Governance Dilemma and trust crisis.Meanwhile,novel coronavirus is playing an increasingly important role in the charity work in China.The number of donors in the fight against new coronavirus has provided important support and protection for the prevention and control of epidemic diseases by using their own information and resources advantages.The study of rational problems is of great significance.Therefore,in the process of making the general principles of civil law,Chinese scholars have created the donation legal person system in combination with the financial group legal person system in the civil law system and the relevant legislative practice in China,and legislated the foundation and other legal persons with the nature of financial group and social group legal persons separately,so as to develop the important system of the financial group legal person system in ensuring the will of donors and promoting public welfare undertakings Value and function.However,in both theoretical and practical circles,donation legal person is a relatively unfamiliar concept.The donation legal person system inevitably faces the problem of how to connect with the current law,that is,the existing donation legal person needs to relocate itself,and the relevant laws and regulations need to be adjusted accordingly to ensure the unity and coordination between the legislation,so as to provide for the governance of donation legal person Corresponding system norms and guidelines.Therefore,based on the institutional obstacles faced by the donation legal person in the governance,this paper puts forward the corresponding countermeasures and suggestions in the five aspects of the concept of the donation legal person,the normsof business activities,the nature of the Council,the functions of the board of supervisors and the transformation of the supervision mode,drawing lessons from the financial group legal person system of the civil law system and the foundation governance experience of the common law system,and constructs Starting with the corporate autonomy as the core,the external regulatory system serves the internal governance and the whole society participates in the corporate governance framework of donation,and through reasonable institutional arrangements to coordinate the rights and obligations of all parties to achieve the balance between autonomy and other governance of donation legal person,to ensure the legitimacy and Appropriateness of the operation of donation legal person,so as to play its important role in the cause of public donation in China We need system value to promote the realization of social public welfare.