On The Property And Its Regulation Of Public Foundation

With rapid development of Chinese economy and the expanding gap between rich and poor, it is in theurgent needs of economic base and reality to develop public foundation. Limitations in the regulatoryfunctions of the community, which can not reach every aspect, make the public foundation play anincreasingly important role in promoting the harmonious development of society. However, since thefoundation system in China has started late and the foundation system in our country has no historicalfoundation, the foundation system is still in the exploratory development stage. In addition, the legalsystem for foundation in China is relatively backward, and can not comply with the rapid development oftimes. So according to our reality, we should learn from advanced foreign systems and experience of thefoundation to improve the legal system of Chinese foundation and promote the development of the publicfoundation.Public foundation is a judicial person based on a collection of the property. Its operation is based on itsproperty possession, and it assumes independent responsibility to achieve the public purposes of the publicfoundation, to promote the development of public welfare, and maintain the transaction security. Property isthe core of the operation of the public foundation. An independent property is the premise of ensuring theindependence of the public foundation. Therefore, the property system becomes the top priority in thedevelopment of the public foundation.After established the public foundation, its property was mainly from social donations. With thechanging social conditions and public purposes of diversification, a higher demand for social donation isrequested. Because of the public and intermediary nature of the public foundation, legal persons have nofull property rights over property of the foundation. Analysis on the property of the public foundationcontributes to the management and supervision of the foundation’s property.In property management of the public foundation, the foundation’s property integrity and foundation isthe legal property of a collection of features, the property for the operation of the Foundation became thebasis for the operation of the public foundation. Public foundation for the purpose of public good andpublic welfare spending accounted for the vast proportion of the expenses of the foundation’s property, in order to increase the input of the public foundation, the public welfare, increasing the value of the propertyof the public foundation, the Foundation, the development of an inevitable requirement. However, becauseour legislation is not perfect, is too much administrative intervention of the operation of the publicfoundation, resulting in the fund can not increase the value of financial management is not transparentenough, the property management of the foundation in confusion. Therefore, the property management ofthe public foundation is not only more high-quality professionals, the foundation needed to introduce thecivil law system, use the advanced experience of the financial management of the foundation to carry outthe operation and management of the property of the public foundation. In addition, the public foundationcan use the of charitable trust to manage the foundation’s property more better, and increasing the value ofthe property. After the cancellation of the public foundation, the foundation’s remaining property is stillapplied to public purposes.The tax is an effective means of regulating income distribution, the rational allocation of resources.The most country’s to implement preferential tax policies in order to promote the development of thenon-profit organization, to inspire the social welfare, and China dose this way. Otherwise, Preferential taxsystem in our country there are still inadequacies need to increase the amount of tax incentives, to increaseefforts to support small and medium-sized public foundation, the powers and responsibilities between theexplicit tax administration and related units, to enhance information sharing between the units,harmonization of tax legislation.The supervision of the property is divided into the internal supervision and external supervision.Supervisor system of internal control is board of supervisors. But because of the dual management system,the board of supervisors is in a ’virtual’ state to a large extent. This is not conducive to the supervision ofthe foundation property. External supervision of the public foundation’s property is from both thegovernment and social supervision two perspectives. But because of the dual management system and theweak awareness of the public supervision, the regulation can’t play an effective role in the publicfoundation. The regulatory system of the public foundation’s property needs to be reasonably arranged toincrease the transparency of the operation of the foundation’s property and improve the social credibility ofthe public foundation.China is accelerating the process of legal construction at present. The legal system is becoming more and more complete and is conducive to the legal system construction of the foundation. Only bytaking the management and supervision two aspects as the center and establishing the completefoundation’s property system, the public foundation will be further developed. To establish and improve theproperty system of public foundation and build a reasonable and fair legal living space, public foundationscan undertake the backbone in the field of public welfare and promote the Chinese public welfare to moveforward in a benign, healthy way.