A Study On The Legal Problems Of Supervision Over Charity Organization In Our Country

Charity Organization is the balancer between the government and society in modern countries. In modern times, besides the function of social assistance is inherent, Charity Organization develops a series of functions such as supplying the public goods and public services, accelerating the social education, promoting the cultural level and so on. These functions bring to the problem of how to investigate the legal system of Charity Organization supervision in our country. Further more, compared to developed countries, Chinese Charity Organization is still in the beginning phase. It is caused by the lack of awareness and legal supervision .So accelerating the academic studies on this theme is very necessary . Study on legal regulation of Charity Organization in our country on the one hand can make a restriction on the current administration of the government to avoid excessive interference ,On the other hand can make a regulation on the conduct of the regulatory system so as to promote the orderly development of Charity Organization.This article take the legal supervision of Charity Organization research as the topic, general uses of the method of comparative study Qualitative analysis and so on ,the full text altogether divides into four parts .The first part: The basic theory of Charity Organization supervision. It mainly probes into the definition of the supervision of Charity Organization, covering the related concepts and departmental ascription of Charity Organization supervision legal system, clarifies Charity Organization supervision law is the infiltration of public law and private law, provides answer that Charity Organization supervision law belong to the Market Regulation Law which is one of the part of Economic Law; and demonstrates the law theoretical foundation,economics theoretical foundation and sociology theoretical foundation of legal supervision over Charity Organization.The second part: The history and the status of supervision over Charity Organization. On this basis demonstrates that the regulation of Charity Organization in our country's is a problem. On the macro: access control to Charity Organization is too strict ; Regulation of Charity Organization in many ways is mainly by administrative means. On the specific system: Fund-raising regulatory system deficiencies result a disorderly fund-raising and fund-raising environmental degradation; Secondly, the information law disclosure of Charity Organization in our country lacks of specific supporting systems; Thirdly, Undue restrictions on competition result in unfair competitionThird part is the experience of the legal supervision system learns from the foreign Charity Organization. Separately introduce the United States,Canada and other countries' relevant experience, and bases on this analysis of the advanced experience of supervision of Charity Organization in our country.The fourth part suggests how to improve the legal system of supervision over Charity Organization in our country. Points out that improve the regulation of Charity Organization in our country being of great significance, and Charity Organization also have their own monitoring should adhere to the principle of. In this article, improving legal supervision of Charity Organization in our country should adhere to the principle of a moderate-intervention principle and efficient intervention. Charity Organization in the regulation can access to practice the "part of permit system"; At the regulatory methods, we have to make comprehensive use of public involvement and private intervention Ways and give full play to the legal and tax regulatory role.To develop the research of Charity Organization as well as government supervision and optimize the Charity Organization management including government supervision is not only beneficial to the existence and development of charity management as well as accelerate the tenet and target of organization, as one of our important topic, it will also promote the further development of our economic and political system reform. It has very great significance to build the harmonious society.