The acquisition and use of disaster relief donations mainly relates to three subjects:donor,recipient and beneficiary. Finishing donation,recipient quits its legal relationship, recipient occupies and makes use of related disaster relief donations,as beneficiary has no rights to directly manage and use related disaster relief donations,and become stakeholders as well as donor.There are obvious distinctions between the recipient of disaster relief donations,recipient of common community donations and recipient regulated by Contract Law,recipient of disaster relief donations doesn't belong to the regulating areas of Contract Law.There are conflicts of existing law in the independence of recipient of disaster relief donations.On the one hand, legislations have admitted its legal independence.On the other hand,the recipient receives rigor administration and supervision,and is short of actual independence,which indicate serious duality of the official nature and non-official nature.Therefore,how to realize and ensure the independence of recipient,and make sure the recipient deal with social activities independent of government,are serious problems need to cope with urgently.The legal status of the recipient,as a result of our unique classification model of the legal persons,makes the main body of the relevant legal characterization is not clear.So it can be considered to be treated differently.For the corporate society,if it is based on its members,such as the Red Cross Society of China,should be defined as a corporation;if it is based on property,it should be defined as incorporated foundation or charitable trust.With regard to legislation,as well as low-bit-order system, lack of legislation and regulations,it will become the top priority to draw up the basic law related with Principle of freedom of association.On analyzing the theoretical issues of receiver of donation for calamities,it is necessary to discussion from its internal governance and external oversight.By analyzing the existing law and its shortage,after a comparative analysis of the two legal systems,put forward the related governance proposals, sets up the new model of stake-holders supervision,government supervision,social supervision,industry self-regulation.
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