Research On The Legal Regulation Of The Access To The Charity Of China

Chinese nation was famous for the traditional virtue of benevolence and poverty alleviation from of old. As one of the social careers in functional areas, charity is the product of human modernization. Charities possess the charicteristics of social publicity and popularity. Without government intervention, the former wouldn't come ture spontaneously. The established goals of the government is to settle the social-public affairs, however, any enforcement of rights and mild intervention are based on the laws. In reality, due to the government makes strict limitations on charitable activities, most of charitable organizations are incline to depend on administrative agencies to impede the healthy development of philanthropy. Imperfections of policies and regulations lead to hesitate to move forward for some ambitious charitarians, such as revenue. Therefore, there are some drawbacks of present admission laws for charities in China. From foregoing statements, as far as be concerned about a balance between the government and social self-government, this paper analyze the issues of admission laws for charities roundly from the necessity of legal regulations, investigation of status quo, comparison method for reference, construction and perfetion of system and so on.There are five parts except that the introduction and conclusion.The first part mainly state the explanation of access system for charities. I not only made a definition between the general meaning of access system and charities one, but also analyzed the basic elements of it. In addition, expounded the accurate position during the time of political and economic reform and transition for charities.The second part is about the legal principle of admission laws and empirical analysis on charities. It mainly emphasize on a balance between social self-government and market, even the implementation of government intervention. Through the objective analysis of contradiction on the rapid development of charities and the defection of laws, I illustrated that the urgency, necessity and possibility of admission laws and regulations for charities in China.The third part is that reviews of the current access laws and regulations for charities. This part highlighted the shortages and drawbacks base on the investigation on status quo of it. The forth part is about the international reference for access laws and regulations of charities. At first, it elaborated some access laws and regulations of charity market included Britain, American, Canada, Singapore, Hong Kong and Taiwan areas in a comparative views. Then, I drew a conclusion that enlightenments of charity access laws and regulations from the other countries.The fifth part is the construction and improvement of charity access laws and regulations in China. This part discussed the issue of perfection in terms of macroscopic views and practical methods. The former mainly formulate Charity Method that is starting from the basic principles, the latter is to explore some methods to perfect the charity access system, including the quality and legal status of charity organizations, the censorship standards of charity admittance subject, the reform of revenue system on charity admittance, the autonomy of charity industry, the relationship duties of charity organizations and the government branches and legal responsibility of charity admittance in the market.