The Analysis Of Basic Legal Problems On System Of Foundation

Foundation is a typical collection of the property of which the core concept is the property with certain purpose. System of foundation has been used by Chinese legal theory while the concept of Stifung was not adopted which caused to the inherent lack of legal basis for the Foundation.This article starts from the legal nature of the Foundation and the basic problems on orientation and to explore for a reasonable choice to the key issues for this theory. Based on the history of Foundation, this article summed up the reality of the plight faced by the Foundation, then discussed at the theoretical level on the strengths and weaknesses of operation and supervision system of Foundation in order to put forward reasonable suggestions on the Foundation in building our institutional system and legislation system.There are three characteristics of Foundation, independent, public and non-profit. Foundation of China under the current legislation is defined as non-profit legal person and also be classified as the ranks of corporate social groups, which is different with a consortium of civil law legal systems. The common law is the lack of uniform laws on the subject specifications which means that Foundation can not only exist in form of legal persons, it can also exist in form of the illegal presence of people. Even the system of Charitable Trust Foundation makes the problem of position of the system irrelevant by all means.The current legislation conditions for set up of Foundation is as follows, the clear purpose of establishment, capital restrictions of the establishment and being in line with the three aspects of the basic qualification of legal persons. China's current system of legislation for the registration of the Foundation pursues more stringent principles of examination and approval. Approval and registration authorities are in power of examination and approval according to the procedure of altering and cleaning off. the dual governance model of China Foundation according to the internal governance of the Foundation means that there is a balance between Council and the supervisors. Foundation of the existing preferential tax policies for coverage is relatively broad, related to income tax, turnover tax and other aspects, but there are also many problems and shortcomings. Foundation of the existing oversight mechanisms is including internal supervision and supervisors by external monitoring system posed by the competent authorities, the judiciary, tax authorities and the public.For the legislative mode in future, there is a independent plan of the establishment of separate welfare fund which allows the existence of other forms of Foundation than the public welfare. The main character in the legal attitude is compatible type. On the one hand, to improve the civil subject legislation Foundation System; on the other hand, to allow the Public Foundation for unincorporated organization or form of the establishment of public trust.