| The charities helps building a harmonious society. In fact, after the2008earthquakewhich occurred in Wen Chuan, the charitable enthusiasm of the people is rising like arocket. Frequent charitable activities and increasing donations mean the charitiesbeing more and more important. Charities attracts government’s attention and publicconcern. However, shortage of charities regulation has become a very serious legalissue. At present, the charities is in a critical period of development, facing goodopportunities for development, but also there is a range of issues, which attributes toeconomic and cultural and institutional reasons, such as the incomplete legal system,lagging behind the reality of development. This article elaborates the concept andfunctions of the charities, comparing to foreign-depth analysis of the environmentalconditions faced by our charities and the status quo. This article analyzes theimportance of charities and its functions in elaborating the harmonious society, andinvestigates the present reality of charities in our country and the reasons of it. Basingon comparing the foreign related legal system in this field, writer of this articleproposes some suggestions about how to perfect the legal system which regulates thecharities in our country. The content and style of this paper are organized as follows:In the first chapter, firstly the writer introduces the concept and functions ofcharities. Secondly, the writer discusses the need to strengthen the supervision of thecharities as the charity scandals times out and the credibility of the charitableorganizations declines, and try to elaborate the theoretical basis of the law from thepoint of right of association, good interactive relationship between government andsocial organization, and the market regulation law and social security law.The second chapter, from the points of charitable organization and donors andvoluntary service, points out many problems, such as charitable organizations’admittance doorsill is too tall, interior management system is not mature, the officialimproper intervention is excessive. Then the writer analyzes these problems deeply.The third chapter, from the points of legislative style and legal legislation,compares the legal regulation in charities in the USA and UK and Singapore. Thecharities in the first two countries are very mature, while in the third country, itsstrong government is like ours. Then in this chapter, the writer proposes the possibility to learn from them in some ways.The fourth chapter, based on the reality in our country, the writer suggests that weissue a comprehensive act in charitable field, and establish a coordinating body whichwill be responsible for the registration of charitable organizations. The writer alsorecommends lower the threshold of charitable organization’s registration, in the sametime pay more attention to the supervision, and change the present dual management.What’s more, the writer suggests that implement system of preference of donationcovering the taxes to encourage the development of the Charities. In addition, on onehand, improve the operational efficiency of charitable organization, promoting theappreciation value of charitable assets. On the other hand, Strengthen internaloversight, and promote the charitable information to disclosure and establishcharitable public interest litigation to perfect the supervision mechanism for thecharities.All in all, by proposing the suggestions above, I hope the government’s functionsand charities can be located accurately, and the credibility of charitable organizationsand public enthusiasm for the donation will be improved, at last the furtherdevelopment of the charities will smoothly come true. |
