Comparative Studies On Charitable Trust And Stiftung Systems

Charitable trust and stiftung systems of common law countries and civil law countries, for different historical reasons, the choice of two different mode of operation in public welfare undertakings. Principle based on trust charitable trust to raise private capital and broaden the channels of public welfare funds, which greatly promoted the development of public welfare; Stiftung system is based on legal principles, to overcome the natural limitations of life can not be due to long-term limitations in public welfare undertakings, great to meet people engaged in public welfare needs, civil law countries of the world, especially the development of public welfare undertakings made a great contribution.While the charitable trust and legal system are to raise private funds through public welfare in the two organizational forms, but in many ways, there are still many differences.This article first charitable trust and stiftung concepts, characteristics and value of three aspects of the most basic function of a comparative study to show both the difference in the basic level. Secondly, from the charitable trust and stiftung system to study history and current situation, to find the historical background of the different, and the current development status of major countries and to identify the existence of differences, and focuses on the charitable trust and our current Foundation system status and problems to be behind a solution for the foreshadowed. Again, through charitable trust and stiftung system in the legal sense of the comparison, mainly to compare the elements with the interested party, Law and the law constitutes the nature of the beneficiaries of protection, set up and change and termination of the difference, and finally come to the comparative advantage of charitable trust system. Finally, although the system of charitable trust have a comparative advantage, but the system of stiftung system also has its Foundation irreplaceable role, so the development of China's public welfare, not favoritism, coordination and public welfare undertakings with two carriages-charitable trust and stiftung in order to better promote the development of China's public welfare. I mentioned earlier, according to China's current system of charitable trust and stiftung problems raised with China's national conditions of perfect system and Foundation charitable trust the recommendations of the system to quote the effect of throwing bricks.