Theory Of The Public Walfare Charity Contract

At present, There is a deeper and deeper groove between the rich and the poor in Chinese society,all sorts of social problems emerge in endlessly. If the Charitable Contribution which the charitable organizations involve in can play an important role of "the third social resource allocation", it will be ease social tensions quite effectively. However, now charity of China is not ideal, the public participation enthusiasm is not high, charitable organizations appear credibility crisis, folk charitable organizations develop difficultly. This situation weaken the Chinese charity’s function severely. One of the most important reason is the legal theory about charity field is not clear, the charity legal system is not perfect. Charity donation is a donative contract between the civil subjects with equal status essentially. So the author analysis the public welfare charity donation from the point of view of a donative contract, in order to contribute to the charity legal theory research and practice.In the first chapter, the conception, nature and characteristics of the paper’s research object was confirmed. The public welfare charity conative contract as the research object was divided into two parts:the former public welfare charity conative contract (between the donors and the charity organizationg) and the latter public chanrity contract (between the charity organization and the beneficiary). The former public charity contract is a donative contract subject to obligations, a contract for the third person’s interest, while the latter public charity contract is also an independent donative contract. The public welfare charity conative contract has many characteristics such as free, commitment, public welfare, of the public law’s feature etc. In addition, there is difference between the public welfare charity conative contract and the private interest charity donative contract, fiduciary and agency.The second chapter mainly analysises constitutive requirements of the public welfare charity conative contract. The public welfare charity conative contracts are divided into two contracts, essentially including three subjects, the donors, the recipients (charity organizationes) and the beneficiary. The donors and the recipients have certain subject qualification restrictions, especially charity organizations as the recipients must ensure the donor and the beneficiary’s right to know, supervision for its great influence.What’s more,it is necessary to make full development of the folk charity organizations to reduce disadvantages of the official charity organizations.The focus of research In the third chapter is establishment and effect of the public welfare charity conative contract. The conclude behaviors of the former public welfare charity conative contract divided into public welfare fundrising and public welfare donation, the former is an invitation to an offer, while the latter is an offer. The latter public welfare charity conative contract has same principles with a common donative contract, the contract is formed when the charity and the beneficiary reach an agreement about donation. In the former public welfare charity conative contract, although the donor doesn’t enjoy the right of freewill cancellation, who also remedy his damage through legal cancellation right.In the fourth chapter, the author using the contract theory analysises some breach behaviors such as "make a donative promise but refuse to cash","cheat donation","the charity organization divert funds" which appear frequently recent years. The research purpose is to find a reasonable and legal responsibility through affirming these performing obstacles nature,for example, refuse to perform obligations, inadequate performance and so on.In the Chapter5,the author mainly expounds the principle of bearing responsibility of the public welfare charity conative contract. Responsibility of breach mainly includes "continue to perform","damages","returning the original objects" etc. In addition, the charity organization also undertake the responsibility in adminstrative law and criminal law if it broke the law.Key words:the public welfare charity donative contract; donative contract; charity organization; breach resposibility...