Research On The Right Protection System Of Charitable Organization In China

Chinese philanthropy has a long history.With the deepening of reform and opening up,social wealth has increased rapidly,laying a better economic foundation for the rapid development of philanthropy.Natural disasters and COVID-19 have also promoted the thriving of public welfare in China in recent years.The promulgation of the charity law in 2016 systematically combed the legal system of charity on the basis of the original charity law,and made detailed provisions on the requirements and norms for charitable organizations to engage in and carry out relevant charities.Charitable organizations with philanthropy as the main behavior content are public welfare and independent legal person organizations recognized and protected by China’s civil code.Therefore,when they participate in social activities,they not only enjoy rights,but also bear obligations.Due to the legal personality of charitable organizations,the exercise of their rights is easy to be abused by internal institutions and interfered by external forces.In order to ensure the normal exercise of the rights of charitable organizations,it should be guaranteed from two aspects: internal governance and external governance.Especially when the rights of charitable organizations are violated,we should actively seek relief means to protect their legitimate rights.Strengthening the protection of the rights of charitable organizations is conducive to standardizing the operation of charitable organizations and improving the level of charitable governance in China.As a public welfare consortium legal person,the core right of charitable organizations is property rights.On the basis of property rights,charitable organizations also have personality rights,autonomy and other rights.Due to many factors,such as the imperfect legal system of charity,the imperfect right protection mechanism of internal and external governance of charity organizations,and the disagreement of social concepts,the protection of the rights of charity organizations in China is faced with problems,such as excessive government intervention in charity,easy abuse of the rights of charity organizations in the process of exercising,unclear provisions on some rights,and obvious lack of relief means after the rights of charity organizations are infringed.In view of the problems faced by the protection of the rights of charitable organizations,it should be improved from two aspects: internal governance and external governance.From the perspective of internal governance,first,charitable organizations should strengthen charitable information disclosure from three perspectives: refining the specific standards of information disclosure,classifying the content of information disclosure and building a charitable information disclosure platform;Second,we should improve the articles of association of charitable organizations,refine the specific provisions on the management and disposal of charitable property and the management and supervision of charitable projects,clarify the division of autonomy,and supplement the exit mechanism of charitable organizations;Third,we should give full play to the role of non litigation relief in the protection of the rights of charitable organizations and resolve the contradictions internally.From the perspective of external governance,first,we should clarify the boundary of government intervention in philanthropy,change the previous government arranged mode,and introduce appropriate government supervision as an important guarantee for the development of charitable organizations in China at the present stage;Second,protect the public’s right to know,supervise the internal work of charitable organizations,as an effective supplement to government intervention,and protect the rights of charitable organizations.Third,when the rights are infringed and can not be relieved by non litigation means,we should protect the rights through judicial relief,provide better protection for charitable organizations from the dimension of public interest litigation,and realize better protection effect in combination with relevant supporting systems.Only by strengthening the protection of the rights of charitable organizations through system construction and making philanthropy develop on the track of the rule of law can philanthropy truly become the cornerstone of social security.