Legal Research On The Supervision Of The Charity Organization

It is publicly known that Charity representing a kind of traditional virtue and beneficial activity. As the establishment, development and accelerate of non-profit organization, the form and scale of charity experienced huge change. Due to charity organization, the public kind-heated enthusiasm and socio-responsibilities are delivered more effectively. From the original impoverishment support to science, education, culture and health support, the public domain of charity enlarged dramatically. The charity organization, as a kind of dominate power of charity, takes a more significant part in organizing socio-resource in order to supplement government public goods and public service in recent years. So it is claimed that the development of charity requires the ordinal development of charity organization. In terms of this, other than the law need to endow the charity organization with legal identity, the law is also required to regulate and control it. Most of countries with well-developed charity have their own characteristic charity organization legal regulation. In China, the charity organization have two aspects of consideration: the high social demands of highly development of charity organization and the low public credit of charity organization, therefore it is necessary to consummate the charity organization legislation and reinforce the legal control of charity organization in order to make the charity donation in a right use which additionally enhancing the public credit of charity organization and encouraging more people involved.Compare to other countries with well-established charity system, the development of charity in China falls behind and the legal control regulation is not completed. The reason for this concludes the lower attention paid by the government on charity and also the lack of legal research on the charity organization. The research on charity organization in the academic field is not too many. Most of them are related to the origin of charity from the historical perspective and the relationship between the government and charity organization from the aspect of administration. The research on legal regulation of charity organization happens seldom, but the problems raised from the 5.12 earthquake disaster reflected the research is worthy of doing and it needs to be done emergently.A comprehensive research methodology, primarily consisting of comparative study, empirical analysis and normative research methods, is adopted in this paper. After giving the definition of charity organization, the development status of our charity is introduced, and through describing the necessary of charity organization legal regulations this paper shows urgent to consummate legal regulations of charitable organization in our nation. Finally, this paper gives specific recommendations to perfect legal regulations of charity organization on the basis of relevant experience from abroad.Besides the introduction and conclusion, full test is divided into four parts:The first part: an overview of charity organization. First of all, based on definitions of "charity" and "non-profit organization", this part proposed concept of charity organization; second, we introduce the development status of philanthropy in our country; finally, a brief description of the meaning of speeding charity development in our country is introduced.The second part: the necessary of establishing legal regulatory mechanism of charity organization. Charity donation property is public. Characteristics of public welfare property make the right of a stakeholder relative with multiple benefits should be protected by charity organization laws. Public credibility is the chief to get donation. Enhance the credibility needs effects of legal regulation mechanism. Repeated scandal reflects the low credibility of charity organization, so it is urgency to improve the legal regulation of charity organization.Part III: inspiration from the charity organization supervision mechanism and experience in Europe and United States. The charity organizations supervision systems have their own characteristics in United States, Britain and Canada. Relevant abroad experience gives us inspiration: avoid interfering with the internal affairs of charity organization, improve the information disclosure system and combine a variety of supervision.Part IV: improve legal regulations of charity organization. According to status of relevant laws, we should consider charity organizations as government partners in the legislative role and develop specialized charity law to guide relative legislative; we should reduce the access threshold for charity organization, so free to set up and registration system should be used in parallel; we should improve laws of organizational structure governance and asset operation in charity organization at the same time; The legal regulation of information disclosure system should be strengthened; In addition, the supervision of the tax system legal regulation in charity organization should be consummated to bring advantages of tax regulation into play.