“类捐赠”行为规范视域下公司捐赠制度研究民商法学专业论文.docxVIP

1 1 2 2 Abstract Company is an important part of social and economic life and company donation is an important manifestation of social responsibility. Company donation reached an unprecedented height in the wenchuan earthquake in 2008, also exposed some of companies in the process of donation is out of specification. Although there are provisions in the Public Welfare Donations Law, but the provisions of the Company law is almost in blank, how the Company Law to further regulate the growing company donation behavior has become an important topic. The research about the company donation from the point of company reinvestment, guarantee, lending practices, analyzed on company donation and the nature of the above three, pointed out that the company donation and the company reinvestment and guarantee, lending practices are company assets punishment. Points out the company donation shall comply with the companys articles of association autonomy priority, add Company Law as a complementary principle. In the donation of the company the board of directors of the company shall give donation decision-making power, shareholders shall have the right to supervise the company donation. Through the business judgment rule to determine whether company donation is reasonable. The text is divided into five parts. The first part mainly discusses the basic problems of the company donation. Through defining the concept of company donation, it gives the concept of company donation and points out the company donation is the important means of marketing that can bring benefit for company. The second part expanded the analysis of the “similar donation” behavior in the field of the integrity of the corporate property. It points out that the essential of company donation is the company assets disposition, put the company reinvestment and guarantee, lending practices together, on the basis of an analysis of the impact on the company, the company donation that obtained in essence is consistent w