Public beneficial donation is a business in the development of the society. At present,there is no statute law in the world concerning on it. In our country,beacause of the influence of the economic structure and the political structure,the basis of modern public beneficial donation is vulnerable,and the legal system is defective,only Charitable Donating Law.Although our country has been introducing laws and policy regulations and so on since 1988,but there are many problems in the formulation and implementation process.For example,the lack of a clear definition of dominant role,and the imperfection of the regulatory system and so on,all of these hindered seriously the development of the public benefical donation system.So we should establish a sound legal system on public benefical donation early.First from the institutional level,the behavior has a legal basis,which must be clear the legal property of the behavior.Beacuse the legal nature determines the legal application.Then from the practical level,analysis the existing problems of the behavior and offer some comprehensive suggestions.Based on it,the text launches by the legal nature of the public benefical donation behavior,and put forward the sound proposal in view of existing problems.We expect that there have considerable process on the public benefical donation business,and that it can play a greater role in the construction of the harmonious society.Public benefical donation plays an ignored role in the maintenance of social justice,protection of human rights,promotion of social progress and harmony.So it is necessary to analysis the behavior.The text based on the knowlegde of the public benefical donation behaivor,clear the public welfare,political,social and other characteristics.Further analysis the academic thinking of its civil legal nature,find the problems,and combined with practical case,conclude the behavior with public.Public behavior is the conceptal language of the public administration,and is the result of social managerial diversification.The subjects include administrative body with social management and public benefical groups with legal authority or administrative body authority.Cleared the legal nature of the behavior,for the status quo,the text analysises of the problem,such as the lack of credibility,the shortage of the regulatory,much mandatory and unsound specialized law etc and offers improved suggestions.In the construction of the behavior body,the author intends to establish the main body mechanism on charity organization with public corporation existing and pulic charity organization with"third party"social insititution existing.Clear their functions and divisions to get the situation of the joint development,in order to change the orderless state.Based on these,the social supervision function of the monitoring evaluation system will be borne by the public charity organization,which carry on the regular evaluation and publicity.This not only helps to strengthen the standardization of the behavior,increase the public fund-raising capacity of the organizations but also stengthen the public transparency of the behavior, and promote the healthy development of the public benefical donation. |