On The Legal Issues Of Private Charitable Donation

With the progress of society,economic development,Charity activities are increasing.As a way of charity activities,charitable donation in the real life is widespread.From its object and interests,charitable donation can be divided into public charitable donation and private charitable donation.China's current charitable donations for the charity has been provided in the Charity law,charitable organization public fund-raising management approach,Donation law of public welfare.With the implementation of Charity law Public fundraising management approach,Public charitable donation has been further standardized,but the private charitable donation has not yet relevant laws to regulate.In practice,there are many problems in private charitable donation.This paper intends to carry out the basic theoretical analysis of private charitable donation.This paper intends to carry out the basic theoretical analysis of private charitable donation.On this basis,combined with the current legislation and practice the existence of private charitable donation,Put forward the suggestions and system construction in practice.Private charitable donation Fundamental theory analysis includes the concept of private charitable donation,clarifying the difference between private fundraising and fundraising.When scholars discuss fundraising legal issues,involve private charitable donation,non-public fund-raising,public donations,social donations and other concepts.Determining the concept of private charitable donation,distinguishing it from other concepts is the primary problem of private law fundraising.After determining the concept of private charitable donation,the author discusses the legal nature of private charitable donation and defines it is a conditional gift contract.The donor and the beneficiary are both parties to the gift contract.Although some scholars believe that the development of charity law,is the best time to make laws about private charitable donation,but the charity law did not take this treatment.In practice,because private charitable donation cannot depend on any law,there are certain problems in the attribution and handling of the recruiting of the person,the solicitation of the fundraising and the solicitation of the residual property.Afterthe discussion of the basic theory of private charitable donation,legislation and practice of the problems,I envisaged the legal system of private fund raising.For the private law of the legal system of the legislative model,I believe that the establishment of single-line law should be used to adjust the private charitable donation legal norms.In the construction of specific legal system,mainly to solve the private charitable donation in the practice of the plight of the starting point,discussing the issue of recruiting people,fundraising information disclosure and fund-raising residual property ownership and processing and other issues.Based on the latest legislative background,this paper combines the problems of private charitable donation in recent years,put forward a certain legal system for private charitable donation,expect private charitable donation in practice to carry out and operate well.