Research On The Right To Revoke The Contract Of Public Welfare Donation Contract

With the deepening of social transformation,the public charity plays an increasingly important role in the Chinese Social Welfare System.However,recurring charity scandals in recent years have caused the public less and less eager to donate.Public welfare undertakings are undergoing an unprecedented ordeal.One of the most important reasons why the public welfare suffered predicament is that there are lots of problems in the related laws and institutions.This article departs from the basic theory of the right to revoke the contract of public welfare donation,combine the practices of countries to analyze from two aspects about right exercise and the legal consequences,and discuss the problems in the system of the right to revoke in our country.Through the Pointed Research,I hope I can make a significant contribution to the legal theories and practice of rights of the donor.This paper consists of five parts.The first chapter illustrates the concept and nature of donor’s right of revocation in the public welfare donation contract.And by clarifying the scope and relevant concept of donor’s right of revocation,the object of this thesis is settled.the right of revocation of the donor should be named by "right to recall the declaration of will at-will",and the donor only has the legal cancellation.The second chapter mainly analysis the existence of the right of donor to the legitimacy of revocation.Donor’s right of revocation embody the idea of fairness and meet the public interest requirements.The third chapter,focusing on analysis and comparison of the legal system of donor’s right of revocation in the various countries.Many developed countries,such as Europe and America,have made many perfect laws and regulations to regulate the right while it still lack of implementation details about donor’s right of revocation in Chinese legislation.The fourth chapter analysis from two aspects about right exercise and the legal consequences.This parts,from the angle of practice and legislation,analyses and discuss in detail about the five aspects of subject,main content,procedure,time limit and effect.In the last chapter,through the introduction of one typical case,analyzes the drawbacks of law and confusions in practice,which are not enough for protecting the donor of the public welfare donation contract.