Research In China Charitable Foundation System

The development of Chinese act of charity has only about 30 years history, so the research of charity jus in the starting stage, and most of the research in possession only stayed in the lay of sociology.Cause there is neither an unitive civil code nor a charity legislation in the rank of law, the research of the basic charity legislation is still lacking of the academic or the practical foundation, but the corporative system of a charity fund has been already to form the elementary stage of legal framework in our country, moreover, owing to it is a important part of the system of charitable organization, the writer is conducted to start with the purpose of perfect existing jus, through find the cause of formation of the questions faced by the development of the corporative system of a charity fund in our country and design related system, to provide some reference for perfect the corporative system of a charity fund in our country and to supply some basis for complete the system of charitable subject in the future.This thesis has three parts. The theme of the the first part is the charitable organization and the charity fund. This part through the analysis of the meaning, the concept, the culture, the historical origin, and the development status of both sides, find the inner link between the charitable organization and the charity fund, solve the declarative contradiction problem of "Charity" and "Commonweal" in our legislation from the angle of the history and the connotation of charity's development, make the difinition of the nonprofit organization, the charitable organization and the charity fund clear legally, and meanwhile raise the sense of organization and the public welfare which are the two basic requests of charitable subject in the modern times. The charity fund has above-mentioned characteristics natively, so it play a great role in the development of modern act of charity is only right and proper, and it also illustrates the significance of the reaserch of this thesis. This part still has some research, compare and pectination on the development of artificial person of sino-foreign charity fund, to find the reason of the success of charity fund in America, Germany and China Taiwan area, and also to supply some research basis for the localization of the system of artificial person of charity fund.The second part of this thesis is about the legislation of Chinese charity fund. It analyzes the frame and the substance of currently existing chartity fund jus, and points out the reason of the types of Chinese charity fund developed distortedly is the drawback of the currently existing charity jus. The third part of this thesis talked about the problem of Chinese system of artificial person of charity fund and the solution of it. This part carries on the analysis of drawback of the legislations of charity jus in China, and educes the institution crisis faced by the artificial person of charity fund, then combines with the existing matured theoretical research achievement of the property law, the contract law and the trust law, presents the writer's legislative idea about the system of registration and establishment, the legal system concerning property, and the supervision system, refutes the mistaken ideas about the traditional view of charity jus, and seeks the direction of the design of the above-mentioned new institutions in addition.These three institutions include the process of setting up and running a charity fund basically, and they have siginificance to the research of the artificial person of charity fund system.Cause the limitation of the writer's learning and research area, and as well as the length of this essay, the research of the governance structure in the system of artificial person of charity fund is not so deeply, and this is also the imperfection of this thesis.