The Legal Studies On Charity Donation

Charity donation as the third way of public distribution is the necessary relief of the public.It plays a decisive role at narrowing the society gap between the rich and the poor,balancing the distribution of social wealth,weakening the polarization.It can realize the social inter-save, and promote social stability,unity and development at the finitation of the national financial resources.It is an important manifestation of comprehensing the scientific concept of the development.In building a harmonious socialist society,we not only need to establish and improve the government-led social security system,but also need to advance the cause of charity donations, because it can make up for gaps in the national security system and the maintenance of social development and it can reduce social conflict,enhance the public's sense of responsibility and morality.Therefore developing the charity donation enterprise is beneficial to the country and the people vigorously. This article contains four parts.The first part,the basic theory question the on the charity donation.It elaborate the concept,the characteristics the functions of the legal nature and significance from a legal point of view on.Charity donation is a social behavior,has its own characteristics, plays an important role at socio-political,economic and cultural development in the community.It is of great significance for donors,recipients and beneficiaries.The second part,the property rights ownership of the property donated. Regarding the rights ownership of the donated property, the agreement should be the first.If the agreement should not haye that cintains, according to the controler of the donated property,the people who controls the donated property enjoys the property rights, but there is very big limitation about this property rights. On regarding the surplus donation money's ownership,we may rest on the"the approximate principle"of Anglo-American law and make it to be continued for the public welfare.The third part,the surveillance system of charity donation. The surveillance system of charity donation should contain the Government,social and the organization of the public welfare.This part mainly elaborate their status and proper function in the surveillance system of charity donation.The fourth part,the development and consummation of the charity donation system in our country.This is the purpose of the writing.In our country,from the late eighties or early nineties,the modern sense of the charity donation begin to develope,after more than two decades of development,it has great effectiveness,but its development is still immature,the main reason is deficiencies of the system.The main reasons are Imperfect legal system,the disorder role of government in the development of the charity donation enterprise,the lackness of the self-management system of the public organizations,as well as the lowness of citizen participation,and it is very difficult to combine the disastrous donation and the regular donation.So the reform and improvement of the system is.imperative.Therefore,in view of the above prominent question,I will elaborated how to develop and consummate our country's charity donation system from four aspects positively.They are legislation,the role of government in the development of charity donation career,the self-control management system of the public organizations,to enhance the enthusiasm and the initiative.