The Study Of The Legal Supervision Of The Charities

As changing from the "big government small society" to the "smallgovernment big society", the development of philanthropic work is oneof the important contents to set up the harmonious society by organizingsocial resources and regulating the gap between rich and poor. Thepositive development of the charities which are the predominant power ofthe philanthropic work, not only needs the legal corpus position, but alsoneeds the legal supervision for the various activities of the charities.Under the legal supervision, the property of the social endowment willbe used in its right way and the social public faith of the charities willbe promoted, so people will participate charitable activities positivelyand the virtuous cycle will be realized. Opposite the charitablelegislation and study abroad but speech, the study of the mechanism ofcharities is just started in our country and the studies which focus onthe legal supervision of charities are only a few. So, it' s significativeand valuable to study the legal supervision of charities.The paper in four parts discusses the legal supervision of thecharities, applying to analysis methods of law and economics, sociology,comparative law.The first part discusses the legal position of the charities. First,by analyzing the concepts of the charities in different countries, I sumup the law characteristics of the charities. Second, I analyze the legalposition of the charities in common law and case law. Third, I analyzethe legal position of the charities in our country at present. Fourth,according to the analysis above, I put forward how to fix the positionof the charities in the code of the civil laws in future.The second part compares and analyzes the legal supervision of thecharities in different countries. First, I introduce the legalsupervision of the charities in USA. Second, I introduce the legal supervision of the charities in UK. Third, I introduce the legalsupervision of the charities in Germany. Fourth, I analyze and evaluatethe characteristics of the legal supervision of the charities in thosecountries.The third part discusses the present condition and the problems ofthe charitable legislation in our country. I introduce the presentcondition of the charitable legislation in China, and then I analyze theactual problems at present, such as the "double supervision system" andlow efficient access mechanism, which put back the development of thecharities seriously.The last part discusses how to perfect the legal supervision themechanism of the charities in China. First, efficient access mechanismshould be set up. Second, the external supervision should be built. Third,the internal supervision should be perfected. Forth, other laws relatedto the charities should be perfected as while.