The Theory Of Charitable Legislation In Our Country

Philanthropy refers to a certain organization, scale, follow certain rules under the premise of charitable activities. It is a one external embodiment of social civilization and progress. Charitable donations to the essence of care is a kind of good, highlight the noble realm of human spiritual civilization. China is the world’s one of the earliest countries and promoted the development of charity, especially after the WenChuan earthquake in 2008, our country’s philanthropy had reached a new historical stage. But with the rapid development of China’s charity, charitable donation legal system is not sound to become the core issue of restricting its development.Many charitable donations, is currently faced with the reality in the field of "events" and a series of problems such as lack of legal system, therefore, speeding up legislation on charity and philanthropy, appear very necessary and very important in our country, it has become a major bottleneck restricting the development of philanthropy in China, must be effectively resolved.Based on this, the article as a topic, on the basis of comprehensive analysis of other country charitable legislation, science to construct our country’s legal system of charity.In this paper, the first part introduces the theoretical basis for charitable donations, charity event corresponds to the demand in the theory, the article thinks folk mutual aid theory and non-governmental theory with real needs.The second part of this paper introduces the our country philanthropy legislative achievements and practical problems and causes, etc. The article pointed out that at present, the charitable giving legal status is low, the subjectivity of the charity is not enough and serious problems such as lack of supervision mechanism.The third part introduces the outside part of the successful experience of national charity legislation, especially in the world began the first charity national legislation, the UK and the legislation of most developed the United States as a representative of charity, the relatively comprehensive discussion.The fourth part puts forward the basic path of perfecting our country’s legislation of charity, the article from the system construction, perfecting the incentive mechanism and strengthen the comprehensive supervision of charitable giving, etc shall be demonstrated.