Researching On Ownership Of The Remaining Of Social Collection

Social collection refers to the unit, the organization or a certain number of persons to achieve specific purpose, with open forms to public to collect money, is a way of social members to help each other. Social collection has played an important role in the development of the social security. Social collection is more flexible and more timely. At present, there is no special legislation in our country about social collection. And there is no complete legal system about social collection. In practice, there is a lot of problems in social collection, such as unknown subjects, nonstandard regulation, especially the problem of the ownership of the remaining. In the modern society, as the Internet is developing rapidly, through the law to make social collection follow standard can promote social charity to develop healthy.In this background, from the theory of social collection, in the legal nature of social collection basis, to analyze the particularity of the remaining of social collection, combined with the beneficial experience of foreign related legal system, to reflect on our social collection legal system, including legislation, legal specific operation and legal relief, etc. At last, in my dissertation1will put forward countermeasures on our perfect social collection legal system.The first Part, the legal nature of the social collection. Begin with the theoretical basis of social collection to begin, first of all analyzes the social nature of the fundraising several main controversy, and then reaches the conclusion that social collection is qualitative for a special donative contract. The collect and the donor is not for their own benefit, but to make the third person who in troubles enjoy interests for the contract. Social collection will be used for specific person and specific aid matters. The social collection is a donative contract with specific uses. When the purpose have reached or the purpose is unable to reach, the contract will be lifted. So the social collection is a altruism donative contract with remove conditions, remove conditions achievement, the invalidation of the contract, but effect retroactive.The second Part, from the static and dynamic to analy the legal relations of social collection. The legal relationship elements is the subject, the content and the object. All of social relationship are constantly developing and changing, social collection relations is behaved for various social collection of the legal relationship, change happened, removed; Happen again and again modification, to remove, constantly cycle development.The third Part, particularity of the remaining of social collection. Social collection property is more independent. Its essence is the donor transfer the ownership of property to the raise and the beneficiary. But the raise and the benefit do not enjoy the complete ownership. Lead to social collection remaining property on the source of the particularity of:collection items from the beginning and the collection items do not exist or loss. Social collection property is different from the general property, to protect social collection to develop healthy, must properly solve the ownership of the remaining property.The forth Part, principle about the ownership of the remaining of Social Collection. In this part, draw their inspiration for China through British Resulting trust system for reference and the public trust similar principles trust. When the beneficiary death or successful aid. do not need to pay and terminated. So social collection appears surplus funds, but the donor do not specify how to treat the rest. When the purpose of collection can’t achieve, first the donors who register to disposal or directly returned remaining money to the donors. When the donor is non-registered, there is no possibility to return the remaining one by one, then the collect should put a announcement to social, put the remaining to the public welfare bodies to manage it, used for social collection and the same specific aid or similar matters of public welfare.The fifth Part, thoughts of perfecting Chinese social collection legal system. To reflect our social collection legal system from the problems existing in our current social collection activity and public welfare law system. At last, put forward the corresponding countcrmeasures on perfecting our country’s social collection law system:clear of the raise’qualifications, establish the fundraising registration system, clear the way to solve the ownership of collection remaining. strengthen the supervision of the social collection, ensure the fund is used fairly and transparently, establish the fundraising responsibility system, establish a social collection tax incentive mechanism, develop charity vigorously, perfect social security system.