Study On Law-system Of Charity

With the "Eleventh Five-Year Plan" near the end of the year and the Twelfth Five-Year Plan announced, Building a well-off society in an all-round way have entered a critical period, Related to social harmony'Social security system,the wealth gap and other issues is become extremely sensitive. This makes the important part of solving these problems----charities become the object of the social public concern is naturally. With the development of economic and the strengthen of the world communication, China's charity cause is develop rapidly, in recent years. Particularly after the earthquake of WenChuan and the debris flow of ZhouQu, China's charity played an extremely important role in post-disaster relief and reconstruction. However, while its role in, all sorts of issues of China's charity have been exposed:the phenomenon such as" Charity speculation"," Ask for donations", " Donation fraud" are continuously appears. This makes the voice of charity legislation even more strongly. Analyzing charity legislation from facts to the essence and learning from foreign developed countries's advanced experience, this essay aims to frame the construction the legal system which adapt to our country.Qualitative the basic theory of charity legislation is the premise and foundation of our country's Charity Legislation. The first part of the essay summarizes the relevant basic legal theories about charity. In the aspects of the definition and characteristics of the charity, it defines Charity, philanthropy, charitable organizations and charitable activities, and overviews its legal principle theory of law foundation, and it discusses the the necessity,basic functions,value Choice and the basic principles of charity legislation. This part defines the related concepts of the charity, make up for past legislation on charitable understanding of the deviation theory, and clearly the necessity of charity legislation.The second part introduces the charity legislation in some developed countries and areas. It respectively presents the charity legislation in USA, UK, Germany, China's Hong Kong and China's Taiwan. The purpose is to probe the essence of charity legislation in some developed countries and areas and to give us a good example on how to frame and perfect the legislation system of our country's charitable.The third part describes the current situation of our country's charity legislation. This part focuses on introduces the current legal environment of philanthropy in our country. It respectively presents the development of the philanthropy's legal barriers in China, such as lack of legal system, lack of complete legal to constraints the main of the charity, the government'positioning in the charity and charity incentive system. And these problems lead to vulnerability appeared frequently in our country's charity development. This part expounds the necessity of founding the charitable legal system in our country, and finds the sticking points of the problem to make our country's charity Legislation has goals.The last part of the essay describes how to frame and perfect the legislation system of our country's charitable, and it is the main point and destination of the essay. By analyzing the problems of the charity Legislation in our country, and learning the experience of some developed countries and areas, to envisages how to frame the charity legal system. Firstly, it must defined the subject of charity by law. The subject of charity can be divided into four main:Donors, Volunteers of charity, Recipients of charity and Charity Organization. At the same time it must be canceled the linked system when the charity organization registered. Secondly, it frames a perfect organize and operation mechanisms of charity organization by legislation, it need to division of labor in charity organization'inner, and set up an association of charity organization outside the government, then according activity's main functions to division of labor in charity organization. Thirdly, it is need to restraint charity fund-raising system by legislation. Charities law should regulate differently between the main fund-raising, the way of donation and beneficiaries, to keep the fund-raising activities within the compass of law. Fourthly, establish and protect an effective measure of charity incentive by legislation. In the end, it frames a comprehensive and closely system of charity supervision, and through administration, tax, social and other aspects to regulation the philanthropy.