Paths To Solve Legal Issues Of Private-welfare Collecting Donations In China

With the economic and social development, charity in China is flourishing. On the one hand, the developing charity have promoted the awareness of "helping those who are in difficulty" and the social progress; On the other hand, some people lost their enthusiasm for charity and its own growth has slowed down because of more and more disputes which are emerging during the process.As one traditional way to rescue the desperately poor and help those who are in difficulty, private--welfare collecting--donations are broadly used today. These years, as private--welfare collecting--donations has been playing an important role in caring for vulnerable individuals, narrowing the gap between the rich and the poor and stabilizing the society with its spontaneity, flexibility and high efficiency. So the private--welfare collecting--donations becomes the beneficial supplement to the public--welfare collecting--donations and furthermore, it is absolutely necessary for developing charity in China. However, more and more cases happen in courts which are brought about in the dilemma the private—welfare collecting—donations is facing. As a result, wide—ranging debates arise. Actually, as one complicated and very important topic, it is highly significant to carry out extensive research into private--welfare collecting--donations.In the first part of this article, I choose two typical cases together with the true fact of the process leading to the topic of issues in the private--welfare collecting—donations. And then, I point out that it is closely related to incomplete law and regulations on the issues by analyzing a large number of similar cases.At last, a conclusion is drawn that the relevant laws must be introduced in the condition that nowadays acts of people who are engaged in the job are no longer regulated only by morality.The second part is the legal analysis of private--welfare collecting—donations. Firstly, I begin with the basic concept, comparing the private--welfare collecting—onations with the public--welfare collecting—donations and then I define the character of the private--welfare collecting—donations. Secondly, I give the opinion that the private--welfare collecting—donations is actually the contracts of benefiting the third party, by the analysis of the arguments on the essence of the private-welfare collecting--donations at present. Thirdly, I illustrates the rights and obligations of the donator, the collector and the beneficiary, basing on the theory of the contracts of benefiting the third party.In the third part, in view of the actual issues of the private--welfare collecting—donations,1 study the paths to indeed solve the disputes of collecting donations. Then, I put forward settlements and legal suggestion of the establishment of "Social Collecting Donations Act".In the last part, I put forward specific ideas and recommendations about the legislative paths to solve these disputes and discuss the problems such as the qualification of collectors, the procedure of collecting donations, the ownership of the property remains of the private--welfare collecting--donations and so on.