The Improvement Of Donation-Based Legal Person System In China

As a law of civil society,civil law revolves around private rights and responds to practical problems.It is a kind of legislation that includes empirical rational citizens.The General Principles of Civil Law adopts a functional-oriented legislative model.Although it is more open,it still inevitably needs to be improved.Donor legal persons are classified as non-profit legal persons.The specific non-profit organization is the normative object,which enriches the logical self-sufficiency of our legal person classification system.It undoubtedly shows that the legislature fully respects the individual ’s reasonable and autonomous arrangement of their rights,which is very encouraging,and even provides a legal basis for the realization of the freedom of association promised by the Constitution.Its essence is the institutional guarantee of freedom of association.However,the "General Principles of Civil Law" provides a principled institutional framework for donor legal persons,which is difficult to meet the public needs of the society,so it will inevitably face the practical need to change from a full and complete system to a more inclusive system.Such a change needs to return to the theoretical research of the legal person of the public welfare consortium,and learn from the legislative experience and lessons of other countries.Foundations with a large number of social welfare organizations and outstanding governance issues are ideal targets for examining whether the legal person system for donors is complete.This article is divided into five chapters,the contents are as follows.The first chapter focuses on the concept of donor legal person as an entry point,and analyzes its formation in the legal person classification theory from the perspective of historical analysis and development history.Based on the above analysis results,it is found that it is particularly feasible to rely on the theory of financial corporations.The second is to compare the content of the legal person system in Germany and Japan through comparative methods,and include the content that can be used for reference in the suggestions for the improvement of the system.Chapters 3 to 5 analyze from the aspects of establishment,organization structure and governance rules of the donation legal person.Finally,it is concluded that the donor legal person system will be adjusted due to the induced legal changes in society,and the improvement of its system requires both the theory of private law autonomy and the appropriate intervention of public law.