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Research On The Rights Of Charitable Donors

Posted on:2016-09-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y H LuFull Text:PDF
GTID:2206330479977531Subject:Basic principles of Marxism
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In economically developed in today’s society,as people’s charity and charity consciousness enhancement,our country is a rising level of charitable donation,and at the same time in the people’s enthusiasm of charitable donation,charity is abused,charitable donors rights,the status of the damage has occurred frequently,the reason is China’s charitable donors rights safeguard and realize there is no specific law.How to establish a charitable donors rights through legal system and guarantee the realization of charitable donors rights,so charitable donors rights systerm through the way of national legislation and the right of making charitable donors implementation safeguard measures,has become to promote China’s philanthropy sustained and healthy development,and confirm and implementation charitable donors right become the urgent matter.First,the charitable donation is refers to the donor or voluntarily by collecting call for free or to give specific or unspecified other without consideration in money or rights behavior. Charitable donation has broad sense and narrow sense,broad charitable donation including donors through charity for unspecified public donations,and non through charity for others.Narrow charity donation means only through charity for donations.Charity donors by charitable donation and giving to others can be called direct donation,through charity for unspecified social public can be referred to as indirect donation.Paper topic,however,is the charitable donations in charitable donors by indirect donations to charity.And charitable donors in charitable donation include natural persions,legal persions and other organizations,as long as the law allows anyone can become charitable donor.Charitable donors rights is charitable donors with recipients of charitable donations(charity) in the charitable donation agreement signed and established by law within the scope permitted by all rights,as well as the country to support,encourage charitable donations the floorboard of the rights of charitable donors.Second,in order to grasp the trend of the development of the charitable donors rights in the world today,more detailed and comprehensive analysis and research charity donorsrights,through comprehensive comparison of some developed charity countries in the world found that charitable donation level and charitable donors roghts system developed in the world today is the British and the America.British charity has a long history,and the British in the history of charity development process,the perfection of legal system of Britain with a special focus on charity donations,from the British’s first charity law the poor law of 1601 to the charity law in the development of the charitable act as you can see,the British charity each on a new step will have corresponding change of the legal system to adapt to the trend of the development of philanthropy.British charity developed is closely connected with the perfect legal system of charity.America is the world charity developed and charitble donations per person a higher proportion of one of the country.America’s per capita donation ranked the world’s highest proportion,because the United States charitable donors rights is maintained with the perfect protection and implementation of the legal system,in under the protection of a sound legal system of charity,people loyal to the charity,so strong promoted the development of America charity.Based on the analysis of the British and American charitable donors rights system comparison,found the charity in Britain and America donors rights system and charitable donor right implement security has many excellent system is worth learning and using for reference in our country.In charitable donors tax breaks all aspects,for example,giving charitable donors enjoy tax holds,implementation in the protection of charitable donors’ right,through the national public power authority to prosecute the realization of the charity,protect the rights of charitable donors,and so on.Finally,on the basis of comparative analysis of the British and the America donors rights system,analysis of the charitable donors rights system in our country present situation research,found our charitable donors rights system exist shortcomings.Because our country is not have the act of charity,making charitable donors rights system there is no clear legal provisions.But it is because of the lack of clear legal provisions and legal protection,China’s charitable donors rights infringement repeatedly,the development of philanthropy in China repeated setbacks.As a result,the act of charity to review as soon as possible in order to make clear charitable donors rights system,and the right of makingcharitable donors implementation safeguard measures,is the priority of development of China’s charity.Only by making the act of charity to make a clear system of charitable donors rights law,charitable donors will not go astray when exercising the right,the realization of the charitable donors rights really have legal protection,and charitable exercise of the rights of donors and achieve truly able to tend to.
Keywords/Search Tags:charity, charitable donation, charitabledonor rights, charitabledonor litigation right
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