The Research On The Governance Of Charitable Fund

Human through the charitable fund governance expression in the heart of the charity, and charitable fund governance and the main forms of expression of the foundation. In "5·12" earthquake, administrative power and the civilian power of joint participation, constitute a relief new governance. They are in the process of the earthquake relief plays an important role, and win the height of the attention and respect for the people. To find the civilian power at the same time, how to cultivate and release the power, become the whole society to be thinking of problem. In this dissertation research, the One foundation storm "by the social public opinion extensive concern, the events of this exposition added a timely example. One foundation in its operation because of "identity authentication difficulties, account cannot independent, project development limited," has repeatedly against the wall, and this is almost the entire Chinese folk charity around the walls around together,"in the media spotlight," one foundation storm "temporarily subside, but a deep influence of thinking has said:our culture is not short of traditional charity, but why the lack of reasonable charity system? Answer the problems, the authors try to use explain theory and theory of legislation to find the answers.In China, at present about foundation research roughly on the scene still belongs to individual description, difficult to further and lack of comprehensive. Discusses foundation legal system in the works of "repeated construction to the phenomenon of" quite a lot. About charitable fund governance of academic research results and often ignore a system fact: the continental law system country after the first major civil code of administrative regulations, but in China today, there is no adjustment nonprofit civil code, can only rely on low rates of administrative norms instead of high rates of civil legislation, lawmakers also has the "backfilled" civil basic norms task. Therefore, the current charitable fund governance can only as a transitional arrangement of system.In this paper, the author thinks that the development of China’s economy will inevitably will lead to a diverse community of charity market formation. The aim is to cross-examine:fund management mode to the rules of law need how to respond to social charity the change of the market? Which caused a is "in the civil legislation of the absence of state, charitable fund governance of laws should be how to configure?" Such a problem. The first part of through the establishment of the preliminary analysis of the charitable fund governance framework to demonstrate the mechanism of mode, explore why two law systems form different governance; The second part of the empirical research50national foundation the latest annual report material, questioned by the educational world accepted "asymmetric dependent relationship" theory, and based on this argument at present governance defect; The third part to our country civil the basic law’ s legislative choices are discussed, and put forward a new governance of harmonious development...