| Entity qualification access system for the charitable collection refers to the statutory social organizations or government agencies through which procedure,conditions to obtain the qualification of public donations,so as to implement public donation activity.This system is the premise condition and institutional guarantee of conducting public welfare donation activity efficiently and orderly.For how to regulate the conditions of the access of subject qualification requirements,all countries have made different rules.Australia,one of the more developed charity countries in the world,has been in a leading position in the field of public welfare donations.Its charitable collection legal system has been perfect after years of development and improvement.The legal provisions have been clearly made in the Charitable Act(2003),and administrative rules and regulations of each state.Before enacting the Charity Act(2016),China always lacks of a unified legal system of public donations.Relevant provisions of public donation can only be found in some individual law and local regulations,without special charitable collection act and systematic law.The absence of the system in the practice leads to all sorts of chaos phenomenon,Charitable Act(2016),a unified legal legislation in China’s charity career,has been enacted in 2016.The act only proposes some legal legislation for public charitable collection,but China can not only rely on this act,but also the related legislation system about charity must be perfect.The writer thinks that we should fully exert the charitable act’s regulation role in commonweal collection cause to guarantee our country’s public charitable collection cause healthy and orderly.In this paper,the author based on the current situation and difficulties in the system of our country’s public welfare donation subject access,study the formation,background,development course of the Australian public welfare donation subject access system,the specific content of the legal system.In the perspective of comparative law,analyzes the excellent legislation experience in Australia in the system,In combination with the act of charity in 2016 in the public welfare donation subject access system of regulation is not comprehensive,give the suggestion n how to improve the system of our country’s public welfare donation subject access.This dissertation is divided into five parts:(1)introducing the research basis.(2)taking the historical process of Australia charitable collections system as research entry point,this study analyzes the historical origin of entity qualification access system for the charitable collection occurred in Australia,and explores the government’ influence on the changing progress of this system in different historical stages.(3)making a legal analysis on Australia’s entity qualification access legal system for the charitable collection from the point of the basic connotation of public welfare donations.(4)discussing the value orientation of Australian lawmakers when they design the entity qualification access legal system for the charitable collection.(5)Based on the present situation of China’s public welfare donation cause and its problems,this study analyzes and evaluates the entity qualification access legal system for the charitable collection in China’s Charitable Collection Act.At the same time,,this study puts some suggestions for China.The main conclusions of the dissertation are as follow:First,Our country should enact an independent charitable collection act as soon as possible,to make up deficiency in the Charitable Collection Act as a charity fundamental law provisions.Specific detailed regulations should be made from the scope of subject,subject qualification,application conditions,application procedures,permit effectiveness,etc.Second,Improve the supporting system for entity qualification access legal system in the charitable collection,including public welfare donation behavior norms,advance public welfare donation information disclosure regulation,specification before-and after-public charity donation activity,public charity donation supervision,etc.,which can provides a good environment for public charitable collection development healthy and orderly.Third,we should improve the supporting law for the public charitable collection,and perfect the legal source of the public welfare donation subject in Constitution,Civil Law,Labor Contract Law,and Tax Law.A complete unified public welfare donation legal system should be established.Through the construction of this system can reflect the Chinese government’s effort to the freedom and social order maintenance of public charitable collection. |
