Regulation Over Charitable Property

The modern charity is the enterprise through which the social public can relievethe people from poverty and other difficulties voluntarily. It is an essentialsupplement to the government's social security system. The modern charity wasformally set up in China in the 1990s. During the following years, the great functionphilanthropy has played is obvious to all of us. Meanwhile, we must realize the greatgap between China and western developed nations and regions and the disparitybetween the current situations and the social demands. At the same time, theresearches on charity lag behind the reality. Current researches mainly concentrate onthe field of sociology, ethics etc. There are seldom legal researches done on charity.Even more, the work has been fulfilled more from the aspect of the concrete systems,such as the charitable trust, the tax system than the whole charity enterprise.So ,taking the charitable donation property as the main line, this dissertation attemptsto focus on the whole, on the basis of comparison with the relevant legal systems, andthen to analyze the stake-holders. Based on all above analysis, the author concludesthat all the problems lie in the separation of the property manager and the beneficiary.So government regulation and the social supervision should be paid equal attention toin order to guarantee the charitable institutions to implement their accountability.According to this arrangement, the dissertation is divided into four parts.Part one: About the charity enterprise. In this part the author focuses on whatthe charity means and which behavior could be defined as public benefit donation.Part two: Legal analysis of the charity. In this part the author compares thecharity with other relevant legal systems, such as donation contract, consortium legalperson ,and charitable trust. And the author finds out that the charity property involvesdifferent legal characteristics.Part three: Analysis of the charity property stake-holders. In this part I focus onthe stake-holders' interests respectively and point out that the crucial reason of all theproblems is the separation of the manager and the beneficiary.Part four: To strengthen the government regulation and the social supervisionequally. Based on the above analysis, on the present legislation and the currentsituations, I present my reform proposals to strengthen the regulation and supervisionover the charitable donation property.