The Legal Structure Of Public Benefit Donation Contract

At present, there is a deeper and deeper groove between the rich and the poor in Chinese society,all sorts of social problems emerge in endlessly. If the Charitable Contribution which the charitable organizations involve in can play an important role of "the third social resource allocation",it will be ease social tensions quite effectively. However, now charity of China is not ideal, the public participation enthusiasm is not high, charitable organizations appear credibility crisis, folk charitable organizations develop difficultly. This situation weaken the Chinese charity’s function severely. One of the most important reason is the legal theory about charity field is not clear, the charity legal system is not perfect. Charity donation is a contract of gift between the civil subjects with equal status essentially. So the author analysis the public welfare charity donation from the point of view of a contract of gift, in order to contribute to the charity legal theory research and practice.In the first chapter, the basic conception of the paper’s research object was confirmed. The research object of this article is a charitable organization involved in the public welfare donation contract.The public donation contract has many characteristics such as free, commitment, public welfare, of the public law’s feature etc. In addition, there is difference between the public donation contract and the private interest charity contract of gift,fiduciary and agency.The second chapter mainly analysises Legal nature of of the public donation contract.Public welfare donation contract is essentially a gift contract, including three subjects,the donors,the recipients (charity organizations) and the beneficiary.The donors and the recipients have certain subject qualification restrictions, especially charity organizations as the recipients must ensure the donor and the beneficiary’s right to know,supervision for its great influence.What’s more,it is necessary to make full development of the folk charity organizations to reduce disadvantages of the official charity organizations.The third chapter focuses on the public welfare donation contract donors, Analyzes in detail the rights and obligations of the donors.The author believes that, in the public welfare donation contract donors although there is no any cancellation right, but there is still a statutory right of revocation. The fourth chapter mainly analyzes the donee subject qualification in the public welfare donation contract and the rights and obligations of the donee. In recent years, frequent in the process of public welfare donation "and not donate", "donation fraud" and "charity organization to misappropriate donations" inappropriate to perform the contract obligations. This paper argues that this kind of behavior can be identified as "refused to fulfill", "incomplete performance", to this kind of behavior into the scope of liability for breach of contract of the neat.The fifth chapter mainly discusses the problems the beneficiary of the public welfare donation contract, and analyzes the rights and obligations of the beneficiary.