Social Fund-raising Legal Issues

Since the reform and opening-up of China, along with the continuous development of the national economy, the social assistance, the social security system also will be received significant development and progress. But the whole point of view, the social security system of China is not very imperfect, and there is a considerable gap between the developed countries. The community philanthropy came into being, and it has played an important complementary role in the development of the social security. The our country, there are "The People's Republic of China Law on public welfare donations" "Disaster relief donations management approach" are put in place which regulate the acts of charitable donations. As a wide range of emerging new things-the social fund-raising has played an increasingly important role in the social assistance. The social fund-raising has the spontaneity, flexibility and efficiency being reckless, it is the pursuit of individual justice and special value, which is the necessary and useful supplement for the public charities. The social fund-raising is always brought into being the imperfections those public charity and the area which the public charity does not play a role in a timely manner, is the flexible mechanism which overcomes the shortcomings of the public charity can make good omissions and shortcomings for the public charity. This is the existence of objective reasons of the social fund-raising. "The People's Republic of China Law on welfare donation" "Disaster Relief Donations Management Approach" do not apply to the social fund-raising, and there are not specific laws regulate the social fund-raising at home so that many disputes of the social fund-raising appered.The different courts subjected to different legal rules in the sentencing process, and even made totally different decisions. These are not beneficial to the healthy development of the social fund-raising. As a very forward-looking, complexity and value of subject, the research of the fund-raising has important practical significance.In this paper, the people began to pay attention to the social fund-raising from the YuHui act of Heng County,GuangXi. It is definite for the basic concepts and characteristics of the socail fund-raising, then accurately define the legal nature of the social fund-raising and analyze the legal relationship in theory. Subsequently, it brings up the solution of the ownership issues for the remaining of the social fund-raising. At last, it is time to promulgate the legislation of the social fund-raising and put forward concrete proposals.Full-text from the introduction, body, conclusion of three parts.The first part introduces the disputes the local taxation bureau in Heng County Guangxi launched charitable donation for their employees YuHui, it led people to pay attention to the legal issues of the social fund-raising.The second part, they can be divided into two parts. The first part is the study of theoretical knowledge of the social fund-raising. There is not a comprehensive systematic research on the social fund-raising in domestic theoretical circles. Tt dose not make an agreement about some important issues.This will be the social fund-raising to carry out all-around theoretical research. First, it starts from the basic concept of the social fund-raising, sums up its characteristics.It comparativly analyzes the social fund-raising and other similar legal system in order to having a comprehensive understanding of the whole situation of the social fund-raising. The ownership issues of the remaining of the social fund-raising frequently have been occurented in recent years. The main reason is that there does not accurately defined about the legal nature of the social fund-raising. There are comparative analysis about the ideas of many scholars on the legal nature of the social fund-raising, combined with the provisions of relevant legislation home and abroad, and will be the social fund-raising is defined as an altruistic provisions of the special donative contract. The social fund-raising contract is identified into the connaught into sexual contract. On this basis, the subject qualification of the donor and raising human, the scope of the subject matter of donations are newly analyzed and researched. Then according to the basic theory of the social fund-raising made clear the contents of rights and obligations of three mains. The second part, in line with the principles of theory to guide practice, through the social fund-raising theoretical knowledge of the research on the most controversial issue which the ownership of the remaining of the social fund-raising. Clear that the solution to this problem must rely on the following issues:(1) the legal nature of the social fund-raising; (2) the social fund-raising legal relations concerning the legal status of the mains, as well as the specific contents of rights and obligations; (3) the social policy and public interest positioning values; (4) in legal or existing law, acquisition of ownership. In this paper, to analllyze the ownership issues of the remaining of the social fund-raising from the four and come to the treatment of the remaining of the social fund-raising should divide into two situations, the real-name donors are free to manage and anonymous donations,the remaining of the social fund-raising will be transferred to specialized social charitable organizations by raising human.The third part of the social fund-raising legislative proposals. According to the body of theoretical current legal issues, put its proposals forward the future legislation. In the current, there is not the relevant legislation of the social fund-raising, proposed to practical suggestions for the treatment of the social fund-raising disputes.