Social Fund-raising Legal Issues Research

In modern society, the charitable benefactions is one of the very important elements in the development of Harmonious society with the market economy system, it can warm people's heart in the social fierce copetition, it can Fill the failure of market regulation and government regulation, complete the redistribution of resources. China is a country that with a long history and glorious tradition of charity, the thoughts of Confucian and the idea of Datong is the Foundation of charitable values and beliefs in chinese culture.With the development of economic, modern charity growth rapidly in China. Social fund-raising as an important part of charitable activities has made great development. Social fund-raising have played a positive role in disaster relief and a promotion of the science, education and social welfare of public utilities and other aspects of development. However, because of the lack of laws and regulations in the area of charity, so that the social fund-raising action lacks the necessary regulation.Which leads to frequent disputes of social fund-raising in recent years, the amount of donation fraud is increasing. Fraud, tax cheating, misappropriation of donations occurred from time to time.It not only hurts the donor's charitable intention, and also had a negative impact in the development of social fund-raising.Only specified the legal regulation of social fund-raising that can ensure the legitimacy of social fund-raising, and maintain the rights of the parties in fund-raising relations.At present, China does not have specifically regulation and legislation of social fund-raising. Regulate the social fund-raising activities with the general public welfare donations and the corresponding provisions of civil law and the general principles of contract law.Although they played a certain role, but lack of uniform regulation lead to a very different results of the judicial practice case.In view of this, this paper firstly analysises the absence of laws and regulations in current fund-raising in our society combined with "fraud fund-raising" incident happened in early 2010,then defines the legal nature of social fund-raising behavior, and the legal relationship involved in social fund-raising on the theoretical level. Finally find out the problems of legislation and practice in present social fund-raising.Learn advanced legal system from developed countries, made improvement and recommendations with operational. This text including five parts.The first part, "fraudfund-raising" case reflects the absence of social fund-raising legislation. First introduced the case, then point out the problems of current fund-raising in China as a foreshadowing to expansion the below test.The second part, analysis the legal relationship of social fund-raising. The author believes that the key to resolve legal issues about social fund-raising related to clear the following questions:1.the legal nature of social fund-raising; 2.the legal relationship among social fund-raising parties and the legal status of the tripartite relationship between rights and obligations; 3. the existing law on fund raised attribution.The third part, the problems of social fund-raising. First described the cause of social fund-raising problems, and then analyzed the social fund-raising problems from two aspects:1. absence of social fund-raising legislation; 2. Judicial practice problems.The fourth part, research and compare the major countries (regions)all of the world of the charitable status of legislation comprehensively, summarized the common legislative model of international charity, the perfection of charity fund-raising legislation and legal system construction of social reference. The main selection of the U.S. common law, civil law in Germany and China's Hong Kong and Taiwan were studied.The last part, puts forward suggestions and measures:1.legislation to refine and simplify the approval process specification for charitable organizations; 2.regulate the main qualification of fund-raising; 3.improve the credibility of charitable organizations; 4.strengthen the supervision of social fund-raising process and management; 5.improve the efficient use of charitable funds; 6.improve the social fund-raising to incentives; 7.establish the credit quality assessment and credit certification system.