Charity Fund Donors The Right To Study

Since the reform and opening-up, with the continuous development of the national economy and people's increasing material and cultural living standards, China's public welfare has achieved rapid development and great progress. The free public donation for social vulnerable groups, which is on the principle of voluntariness, is a necessary complement to China's social security system. However, there are many problems in practice, such as embezzlement, purpresture and so on. They seriously reduce the donors'motivation and confidence for China's public welfare undertakings. For public fund donation, even though China has carried out a number of laws and regulations to regulate and adjust them, and there are a number of civil provisions as reference, the debates about its legal character for public fund donation exist. Whether the relationships between donors, the main body, the recipient, public fund, and the actual beneficiaries are clear determines the right's origin, nature and performance. To protect the legitimate rights and interests of the donors, it is necessary to have a specific study for donors'rights, which can not exclude the study of the legal relationships of the donation and the nature of donors'behavior. Therefore, this article is based on the basic theories on public fund donation, analyzes the legal nature of the public fund donation to determine the source of the rights of donors with cases, and the nature of the donors'right, and finally discusses the exercise of the donors'rights. The core of this article is that the relationship between the public funds donors and recipients is not the same as general civil donations. After the recipient of the foundation, the ownership of the funds transfers to the foundation as well. The foundation enjoys the ownership of the funds, and the funds become the property of the foundation. However, it does not mean that the donors'rights and interests can not be guaranteed. In accordance with the contract, the donors may require the recipient to fulfill the obligations. At the same time, the recipient's rights are restricted by some certain. The donated funds must be used in public welfare, and the published donated funds also must be processed for public service purposes. There are two main innovations in this article. The first one is it discusses the public fund donors'rights and their rights'base in detail. The second one is it explores and initially builds the ways of the exercise of the donors'rights, and puts forward that the donors also have the right to sue following the discussion of the three rights of the legal norms. There are three parts in this article.The first part is to define the legal nature in the view of the public welfare and donation. Following the analysis of the views on the legal nature of the acts of the public fund in theoretical circle, putting forward author's own views and perspectives.The second part is the specific analysis on relevant basic theory about the rights of the public funds donors'rights. It is mainly discusses from the following four aspects: the legal status of the public foundation as the recipient; the comparative analysis of the different legal acts between public fund donation and general civil donation; and the analysis of the legal relationship of public donations on the basis of the source of the rights of the donors.The third part is to further discus the nature of the rights of the public fund donors and put forward a claim that the right is the creditor's rights. It analyzes the donors' rights from the view of the rights and obligations between donors, recipient and beneficiary. Finally, it discuses the exercise of the donors'rights from the aspect of the substantive rights and procedural rights, and distinguishes the exercise way between individual donation and group donation.