On The Law Not Harming The Good

With the increasing concern for charity, triggering an urgent public voice of charity need law's intervention among social public; contrasting to this voice, the draft of the Law of Promoting Charity has not been published. With the upswing of this public voice, however, the cautiously legislative attitude towards charity shows that, on the days of society ruled by law, when people think about adjusting social relations by law, they think more about the justification and reasonableness of law's intervention. When regulate charity by law, we should take prudence think of what role of law should play, that can be ensure the full play of charity's function. This paper is aiming at the hot issues of appealing for a completed Charity Law among social public, both aiming at the Good in charity itself, pointed out that law must control its power in a certain limitation, proposed on the preconditions of not hurting Good that we can use law to protect Good.The goal of the paper is to give a rational answer to what scale law should control when regulating charity, combining with the hot social issues of today. Practical cases and concrete legislation suggestions, these all effectively solving the dilemma of law, as well as filling in the blanks of law. On thinking about law and moral, the paper does not discuss their relations on pure theory, but to give their tensions on the premise of actual cases, also give suggestions on how to protect, encourage and regulate charity.To solve practical problems is also main goal of this paper. A lot of charity in society, including individual, folk organization's and official charity, all of these are changing with society and presenting new features, so, the new contradictions of these charity make law a dilemma, either law should regulate nor could regulate. Facing this condition, this paper tries to appose a solution, so as to make law go out of the dilemma.The main body of this paper consists of three parts, what is Good is the starting point of the first part, and then introducing the definition of charity, of its generalized range of poverty relief, disaster rescue, adoption, and so on. The second part points out that there is not enough law to regulate charity, and shows when law regulate charity, it may hurt Good in the charity: the first one is when law regulate charity without a limitation, it may lead to conflicts between law and morality, and then law may hurt Good in charity which should regulate by moral; the second one is to show, when law cut in charity with a narrow range, leave charity regulate by moral only, it may also hurt Good because of its disadvantages of moral's weak. On the basis of analysis above, the third part of this paper gives the conclusion that on which yardstick law should hold when regulate charity. In principle, first to give a method to solve the problem that law should not forced nor compulsory charity, rather it should provide procedure guarantee for charity, also give interests guiding for this behavior. Then and the last, this paper try to give some legislative suggestions in law framework.On practical strategy, this paper divides legal perspective into three aspects: as to individual charity, law should lay stress on protecting personal interests; especially in the days of protecting persons who are aided, law must also emphasize on persons who are conducting charity. On about folk charity, law should play a standard role; from establishing to its operating, to its goal of charity, all should be standardized by law. About official charity, law should not only play a standard role, such as to constraint individual power, put an end to corruption and degeneration, but also to lead it to international orbit, in hope of China's charity be recognized and spread all over the world. At last, the paper put forward a system of effective evaluation for charity, as to individual and group charity, law should give what evaluation, especially whether should considered motivation of charity.On research methods, this paper adopts a legal sociology route, concerning to a hot social issues—legislation of charity, giving a jurisprudential analysis, also giving some concrete structure of law. About concrete analysis, the paper combined with hot social issues, for example, Hong Zhanhui adopting an abandoned infant, the first case of being assisted without grateful, the American mother's prosecuting Chinese mother, analysis of all of these making the paper's contents further, and this become a feature of the paper. This paper give an analysis from two aspects for law may be hurt charity, the first one is when law cut in charity with a narrow range, the next one is when law regulate charity without a limitation, on the basis of this two aspects, we give an answer to it: the tension between law and moral makes it. Another breakthrough of research method is to give theoretical and practical solutions to the problem, a scale for law to cut in charity and a skill for its law system. On mentioning of data quotation, the paper considered the common achievements of study of domestic scholars, as well as foreign researchers, giving concern to the lasted works, and a large number of law (with appendix apposed at the later of this paper). The concern of legal subjects from three view, one is individual behavior, the second is folk charity, the third also the last one is the official charity. Corresponding to this, the paper gives different scales for each one.On the basis of analysis above, the paper gives conclusion: the dimension of law when it cut in charity decides the effect of charity, too much or too less are both not beneficial to charity, both will hurt the Good in charity itself. Law should hold its scale when regulating charity, not too much or too less, either to compel someone to conduct charity, other, law should provide procedure guarantying and interest guiding for charity, so as to protecting Good and encouraging Good. Law should adopt a different attitude toward different legal subjects, such as individual, folk charity organization and official charity institutions. Only when law meeting these requirements above, that it can exert its due function better, and can it protect Good in charity from being hurt.