A Study Of Charity’s Governance Structure

The system of our government-run foundations has a long history.The government department is directly or indirectly embedded in the governance structure of Philanthropic Organization,forming an association structure and a bureaucratic structure characterized by control.It is easy to lose the vitality of Philanthropic Organization,which is inconsistent with the direction of the “big society”.China’s charity law stipulates that charitable organizations need to establish a sound governance structure.However,the rules and theory have not explain how to establish and why should be established in this way.This paper intends to use the new institutionalism theory of organizational sociology to theoretically analyze the historical development and evolution of charitable organization governance structure from the perspective of sociology of law.It provides a theoretical basis for the legislative process of the charity corporate governance structure.Chapter 1 defines related concepts.The definition of related concepts is the premise of understanding and discussion.This chapter analyzes and compares the meaning and facts of new institutionalism,the connotation of governance and governance structure,the meaning of different disciplines of charitable organizations and clarifies relevant concepts.Chapter 2 is about the theoretical origins of the new institutionalism of organizational sociology.This chapter demonstrate the development of the relationship between law and society and the sociology of law in Marxist theory.From the theoretical point,the direct theoretical origin of the new institutionalism of organizational sociology is the theory of sociology of law.Especially in the late 19 th and early 20 th centuries,the Austrian jurist Eugen Ehrlich laid the foundation for the theory of living law in the organization.The new institutionalism of organizational sociology holds the endogenous hypothesis of "social people" and "cultural people".The new institutionalism of organizational sociology adheres to the endogenous hypothesis of “social people” and “civilized people”.Its analytical framework has four aspects such as organizational domain,regulatory system,normative system and culture-recognition system.This new institutionalism is broader than the “hard system” favored by traditional jurisprudence.It is also clearly different from the analytical framework of “rational people” of economics “formal institutions,informal institutions and transaction costs”.Chapter 3 interprets the dilemma of departmental law theory of charity corporate governance structure.This chapter believes that it is difficult to explain the generation logic and development trend of charity organization’s governance structure through current civil law theory,commercial law theory,economic law theory and administrative law theory.The principles of self-government in civil law and the principle of protection of private rights;the business judgment rule and commercial secret protection rule in commercial law;the macro-control of economic law,the principle of economic benefit and the theory of administrative law as the administrative power are difficult to interpret the formation logic and operational law of the governance structure of Chinese charity organization.Chapter 4 demonstrates the new institutionalism analysis of the governance structure of typical charitable organizations in history,which helps us to get better understanding of the charitable organizations’ proper governance structure.It is mainly about the new institutionalism analysis of the governance structure of British medieval religious charity,the American Ford Foundation and China’s charitable institutions.The pyramid structure of the Medieval Christian Church in the United Kingdom highlights the special status of clergy,mainly defending spirit and faith.The flat structure shows the role of civilians,mainly maintenance of materials and property.The pyramid structure and the flat structure constitute a "┸" type of governance.According to a study of the Ford Foundation in United States,the embedded system is an important measure for the Ford Foundation to rationally operate charitable funds through a stable governance structure.The two-tier governance structure of the board of directors and the operating organization has adopted a flat governance structure of “decision-execution”.The charity institution of Ming and Qing Dynasty in China have their own characteristics on charity concept,charitable content,governance structure,operation mode and social function.The parallel governance structure of the conference system is decentralized,alternate and executive system are flat governance,which is relatively stable and lasting.Chapter 5 analyzes the new institutionalism of the external governance structure of typical charitable organizations abroad.It believes that charitable organization based on holism are objectively involved in the government’s governance that represent the public interest.The country that advocates the value of freedom of association,represented by Germany,does not specifically regulate charitable organizations,but it also establishes an intervention mechanism for post-mortem punishment systems to achieve regulatory and governance purposes.The country represented by United Kingdom,focusing on the value of the charity order pursued,established a governance mechanism for proactive supervision of regulators.It conducts comprehensive supervision of charitable organization,such as the licensing system,financial reporting and auditing system.The governance model of charitable organizations in the United States reflects the general expectation of society for these two values.It maintains a balance between these two values by establishing a governance model that combines pragmatic and preventive systems.Chapter 6 demonstrates the current situation of the governance structure of Chinese charity organization.China’s charity law defines charitable organizations into two categories: charitable organization for donation and charitable organization for social welfare services.By analyzing the charitable organizations of donations through new institutionalism,the main reasons for the bureaucratic governance of charitable organizations are the bureaucratic organization field,resource dependence,peer pressure and the inertia of organizational structure.This chapter analyzes the governance structure of charitable organization in China’s social welfare service by taking the charity organization of social welfare service in Fengqiao Town as an example,which is located in Zhuji City,Zhejiang Province.The team structure,hierarchical structure and congregation structure of Fengqiao Town’s public welfare social organization are the main governance structure models.The establishment it’s cultural organization field,rich native resources and the status of “social person” of public welfare social organizations are important conditions for the development of Fengqiao’s public welfare charity organizations.Chapter 7 draws the final conclusion of this paper: The flat structure is suitable for the governance structure of charitable organizations;the elliptical flat governance structure is suitable for the social welfare service charity organization governance structure.The specific ideas for the flat structure of the governance structure of charitable organizations are as follows.Firstly,it is necessary to establish an organizational boundary that is flexible and smooth with the social environment,so that the authority and boundaries of the organizational governance structure are clear.The second is to build a dynamic organizational framework to suit the development of the Internet.The third is to conduct flexible organizational design of charitable organizations in accordance with the principle of flat structure to overcome the homogeneity of the hierarchical structure.The power of the flat governance structure of the charitable organization should establish an effective council and a charter that attaches importance to the “constitution” of the charity.For the governance structure of charitable organizations of social welfare services,it is necessary to establish an elliptical flat governance structure that is not "parallelized" and "personalized",which can prevent the occurrence of unresolved phenomena and prevent the situation of arbitrariness.According to the principle of elliptical flat structure,flexible organization design of public welfare social organizations is carried out to prevent the passive completion.At last,the corresponding rights and obligations are configured according to different types of circle.