A Research On Charitable Legislation During The Period Of National Government In Nanjing

Philanthropy is the objective requirement of social development and an important standard of whether the society is improving or not. It is the third modes of distribution of social resources, besides, the first one is depending on efficiency and the second one is depending on equity. Philanthropy can balance the distribution of social resources, at the same time; maintain the stability and development of society.Chinese philanthropy culture has a long history, which aroused the enthusiasm of people’s participation in the philanthropy. Since the reform and opening up, our country’s market economy developed rapidly and people’s living standard increased largely. But, because of the immature social security system, frequent natural disasters and high Gini Coefficient, the government and nationals pay more attention to the philanthropy. There is no doubt that, the rapid development of philanthropy not only needed the charitable thought, but also needed a strong legal system. Charitable legislation is an important prerequisite for the development of philanthropy.During the Republic of China (R.O.C), the frequent outbreaks of natural disasters and the ravages of war needed the rapid development of philanthropy objectively. On the one hand, Chinese traditional charitable legal system in the ancient provided the useful native resources for the R.O. C. charitable legislation, and became its deep historical foundation; On the other hand, since the early years of the20th century, China’s legal modernization had penetrated and developed unceasingly, which also created the essential condition for the charitable legislation. Through30years’development, the charitable legal system is quite mature. The experiences and lessons had important implications for today’s society philanthropy legislation.The research of this paper is based on the period of National Government in Nanjing. Through researching for the charitable legislation during this period, we can look out the issues of today’s society philanthropy legislation, and find out the way we should go.In the chapter one, the author introduces the background of charitable legislation during the period of National Government in Nanjing. The charitable legislation during this time is influenced by both Chinese traditional charitable legal system and Western charitable legal system. Also, the traditional charitable thought and the modern Western idea of charity constituted the concept of philanthropy legislation of R.O. C. The charitable legislation of during this period is a part of China legal modernization, which promoted the development of charitable legal system of the period of National Government in Nanjing. The chapter two is the main part of this paper; it contains the details of charitable legal system during the period of National Government in Nanjing. From the view of legal structure, philanthropy legislation in the Republic of China covered four aspects of charity executive legislation, charitable organization regulatory legislation, charitable supervision legislation and charitable supported legislation. The author mainly introduces the important achievements of the charitable legislation during the period of National Government in Nanjing. In the chapter three, the author analyzes the achievements and deficiencies of today’s society charitable legislation. Referring the experiences and lessons of the charitable legislation during the period of National Government in Nanjing, we would know what our government should do to promote and protect the development of today’s philanthropy legislation.The philanthropy law of the period of National Government in Nanjing had the characteristics of inheritance compatible with a transplant, encourage and control of parallel. Charitable legislation of this period is the significance of to establish a relatively complete modern charitable legal system, and stimulated charity, and promote the transformation of Chinese charity from traditional to modern. Of course, there were limitations in those philanthropy laws such as imbalance architecture, the lower level legislature and undesirable result. The experiences and lessons had important implications for today’s society charitable legislation.