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Research on the Legal System of Corporate Donation

Author: BaoXiuLi
Tutor: ZhangZuo
School: Chongqing University
Course: Civil and Commercial Law
Keywords: Corporate Donations The balance of interests Legal constraints Protection of rights
CLC: D922.291.91
Type: Master's thesis
Year: 2011
Downloads: 83
Quote: 0
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Abstract


Companies Act expressly provides that the company should bear the social responsibility, the typical way as corporate social responsibility, the company donated embodies the moral obligation of the company as a good corporate citizen \can promote development and social progress. On the other hand, as the behavior of the disposal of the company's property, conflicts of interests must be accompanied by the company donated ensuing becomes necessary, reasonable legal norms. The company donation system development, the interests of shareholders as well as related human interests protected only in law reasonable regulations made under to the healthy development; balance the company's donations in the interests of the conflict, and properly deal with conflict of interests, in order to both encourage companies return society, promote the interests of the community, without compromising the interests of the parties. This paper discusses the following aspects: the first part is the theoretical foundation donation from the company and the value of the analysis on the company donated basic theoretical issues, and to establish the existence of the necessity and significance of corporate donation system fundamentally. First theoretical foundation donated by the company's profit-making nature of the company - the company's social responsibility theory of comparative analysis pointed out that the attitude should treat donated. Followed by induction Company donated the historical development, pointed out that the balance of interests, the company donated involved and further leads to the value of corporate giving has pointed out that the company donated practical significance. The second part of the comparative analysis of the the company donated situation at home and abroad summarized contrast to the development of our company donated to sort out a rational way of thinking. Induction, the first foreign company donation system lays out of contemporary foreign companies donated development status; followed by the description of the donation status quo of our company, our company donation from the legal system, the philanthropic philosophy, donations practice exposition, analysis the flaws and shortcomings of our company's donation system; made some basic views of our philanthropic philosophy donation system on the basis of comparative reference. The third part is the company donated the law attributes and conflicts of interest are discussed. Donated property donated legal discourse analysis of the conflict of interest, noting that the building company donation system should be weighed against the interests of all parties. The company donated an active role in the process of building a corporate donation system should be affirmed, but also to balance the interests of the company and the interests of the shareholders, the company's interests and the interests of society as well as the interests of the shareholders and directors of interests. The fourth part, from specific norms company donated start, donated substantial elements of procedural matters and oversight issues discussed. The first half of the donation decision-making power to the main purpose and object of the endowment, donated the amount of decision-making procedures set forth the decision-making mechanism, the company donated to clarify the company donated the substance of legal elements from the source. Second half pointed to the Articles of Association donated the significance of the decision-making in the company, the company donated the concrete decision-making process as well as the unexpected donation processing, then explain the refinement of the system to build in order to truly establish a standardized corporate donation system. The fifth part, About Company flaws donation. To the protection of rights and interests, to defect to donate effectiveness donated from defects liability issues. Treat blemishes donated effectiveness must have a clear attitude, which is the inevitable requirement of the law practice. Donation of duty caused defects and improve ground relief mechanism is also important for the healthy development of the company donation system. The above problems are to establish effective corporate donation system must be solved.

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law
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