| with the development of economy, philanthropy in China appeared vigorous development momentum, charity in the development process exposes some problems. Look from the legal aspects, and the current laws and regulations has obviously lag, can not very well adjusted charities in charity event happened in the various legal relationship. Not very good regulation charity activities of the illegal activities, and can't play support, guide and supervise role. Charity legislation has become more and more topic of discussion, there is not a new comprehensive "charity law to solve these problems, aiming at the charity facing legal problems, there are many places are worth studies and discusses the theoretical research, it has its realistic significance.This paper tries to charity in recent years developing exposed problems as the breakthrough point, combining the present provisions of the laws and regulations of the legal system to analyze the existing problems and the insufficiency. Through the phenomenon, through exploring nature seeking its reason, focusing on institutional research and historical research, based on the introduction of foreign charity legislation, so as to find faults in our country's legislation, for the great significance, use empirical research method, comparison, history study method of thinking to China charity organization method with practical problems, and put forward solutions.Through the analysis concluded that our country should improve charity legislation to solve charity developing system bottlenecks, mainly from several aspects, one is the charity organization's main qualifications made, function orientation, two, it is the incentive measures for the charity, the third is to charity the regulation of illegal activities within the fourth is formed, complete legal system, in order to enhance operability, standardize charity access, evaluation and supervision, etc, and to promote philanthropy's development provides a good legal environment.
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