On Studying The Legal Relationship Of Charitable Donation

Since the reform and opening-up of China, along with the continuous development of the national economy and raising increasingly of people's material and cultural life, the activity of charitable donation solicitation has developed quickly. But at present in China, there are many problems. For example, funds were appropriated, corruption, relatives of the beneficiary requested. As a result, it is more and more to involve the dispute of charitable donation solicitation, and the case-involving amount of money also become more and more in recent years. These problems have not only injured the loving heart of the donors, and are also very unfavorable to the development of society's donation cause. At present , "Law of the Peoples Republic of China on Donation for Public Welfare Undertakings" does not to be able to satisfy social by far the demand. Owing to there not being enough corresponding law. Although the current development of China's charities is immature, but it is undeniable that it is the effective mechanism to regulate gap between rich and poor and to reduce social contradictions, the communal donation solicitation has played a significant function in society, so charity in China should develop greatly in the future. The Fourth Plenary Session of the Party's Sixteenth also stated clearly the need to "improve the social security system including the social insurance, social relief, social welfare and charity", and it taken explicitly the development of charity as an important part of the social security system. Social charitable work has become an important part of socialist harmonious society.The text is formed by preface, main body, and concluding remarks. The first part is about charitable donation and the legal relationship of charitable donation. To explain the meanings of charitable donations and the legal relationship of charitable donation, and to analyze the nature of the charitable donations, to make a comparative analysis between charitable donations and gifts will, fund-raising, financial organization, trust, and other related conduct. The second part is about the main of charitable donations. To analyze the donative person, the charitable person and the beneficiaries, unifies the domestic and foreign present situations. The third part is about the object of charitable donation legal relationship. Mainly has analyzed the object including the property, the behavior and other forms (especially organ donation).Last part, the rights and obligations of charitable donation legal relationship. This chapter draws out the question by the typical case of surplus donation , that is the obligation between main body are not clear, to analysis the donative person, the charitable person as well as beneficiary's right and obligation relations, I thought the surplus donation must belong to the charitable person to be engaged in other philanthropy, this conforms to the charitable donation legal relationship nature, also protects the donatives' benefits, finally conforms to the charitable donation goal to be at.