Legal Research On Donations For Public Welfare

Nowadays,with the continuous development of national economy and the raising of the level of people's material and cultural life,the donations for public welfare have developed very well in China.Donations for public welfare play an important role to the development of Chinese charity,but there are many problems in reality,such as the subject of public welfare donations contract,the ownership of the remaining donations, and the problems in the process of donation.These problems cause the lack of trust in the charity of public and the huge gap between the supply and demand of the charity, which hinders the development of the donations for public welfare in China.The reason of it is the lack of the perfect law system on donations for public welfare,which causes the ambiguity of the rights and duties of the subject of public welfare donations. Currently,the only act Law of the People's Republic of China on Donations for Public Welfare is far from satisfying the needs of the society.Although the development of charity in China is still inadequate,people have affirmed that charity is an adjustment to the gap between rich and poor and an effective mechanism to relax the social conflict. The fourth Plenum of the 16th Communist Party of China Central Committee put forward the proposal definitely to improve the social security system including social insurance,social relief,social welfare and philanthropy,and would develop charity as the main component of social security system.Thus,the deep analysis of public welfare has a profound practical significance.We must,combining the social reality,analyze the meaning of subject and object of public donations and clear the relationship of the rights and duties between the subjects.On the basis of all these matters,we establish and perfect the law system to advocate and regulate the public welfare donations,and to promote the development of donations for public welfare.On the basis of these matters,at first,this article studies the legal nature of the act of donations for public welfare;and then,it analyzes the legal effect of the relationship of public welfare donations;finally,it pointes out the problems of public welfare donations in China currently,and proposes some suggestions.In addition to the introduction and conclusion,this paper is divided into four parts.The first part introduces the nature and content of public welfare donations in the whole.The second part discusses the legal effect of public welfare donation contract,and expounds the ownership of the remaining donated property.The third part mainly expounds problems in public welfare donations,and analyzes these problems.The fourth part puts forward the countermeasures to the problems,which is to perfect the legislation on public welfare donations in China.