| In recent years, with the sustaining development of the philanthropy,Privatecharitable donation has played a more and more important role in it. Private charitabledonation and commonweal donation are two inalienable components of the charitablecause, and they are also important links of the social security system. But theconstruction of China’s private charitable donation legal system is still very weak.Though the commonweal donation can be supervised by a few legal regulations, thereisn’t any legal regulation for the private charitable donation. Though the donation canbe supervised by a few legal regulations, there isn’t any legal regulation for theprivate charitable donation. This impedes the expansion of our country’s privatecharitable donation activities, it also prevents the further development of the charitycause. Analyzing private charitable donation from facts to the essence and learningfrom foreign developed countries’ advanced experience, this essay aims to frame theprivate charitable donation legal regulations which adapt to our country.The first and the second parts describe the basic legal theories about privatecharitable donation. It overviews its legal principal theory of law foundation, anddefines the private charitable donation legally, Provides the theoretical guidance forthe following writing is very good.The third part mainly introduces the history and current situation of developmentof China’s private charitable donation and its legislation. Firstly, it introduces ourprivate charitable donation from ancient to modern, contemporary activities and itslegislative status, at the same time, the existing social fund-raising activities andlegislation and judicial practice in the description of the problem, in order to find outthe symptom of it.The fourth part, through the chapter made details analysis of social privatecharitable donation of surplus money problems, mainly from the private charitable donation legal nature and legal relations, public policy, science and social donationproperty independent aspects of comprehensive analysis, the other the samequalifications of social private charitable donation should be in line with theconditions of the remaining amount people.The fifth part is the focus of the dissertation, firstly it made a general regulationand grasp of the social fund-raising activities from legislative principle, basic modeland the requirements of social fund-raising, based on social fund-raising activitiesneed to put forward some detailed suggestions and design improvement, and throughlegal norms and sound, has laid a good foundation for our social donation cause rapidand steady development. |