Study On Property Rights Of Chinese Non-profit Organization

Non-profit Organization as one of the major institutional innovation in the field of the world development, has developed into an important social third sector which kept pace with government and enterprises since its formation in1980s till now. It has become an important subject of social governance, which plays an active role in all kinds of social and economic activities, and make up "government failure" and "market failure" effectively. It is not only a social force, but also an important economic force.Because of Non-profit Organization characterized by the non-profit and voluntary, its property rights showing special connotation different from the government and the market, and it determines that China’s Non-profit Organization has to adapt to the trend of " Separation of government and society ", to avoid become a subsidiary agency of the government again, and it also necessary to overcome self-seeking the deviant tendency to fulfill the public responsibility that it should bear, and the realization of all depends on the establishment of clear property rights system of Non-profit Organization.This paper starting with the basic connotation of the Non-profit Organization’s property rights, exploring the basic concepts and elements characteristics, and focus on doing the two aspects of the research on this basis:On one hand, the paper make a description of the status quo of the property rights of Non-profit Organization, and pointed out that the main problems:legal deficiency, supervision weakness and financial vulnerability, then analyze the causes in-depth from the perspective of birth defects of the Non-profit Organization’s property rights, the obstacles of the current legal system, as well as the constraints of Non-profit Organization management system. On the other hand, it puts forward some suggestions to clear property rights of Chinese Non-profit Organization in the external environment level and the organization internal design level. In the external environment level, creating a favorable external environment for Non-profit Organization property rights rationalization by enhancing supplement legislation, reshaping Non-profit Organization legal system, redefining the role of government departments, as well as building a third-party independent oversight body and strengthening social supervision. Besides in the organization internal design level, Non-profit Organization itself has to strengthen system construction, constructing a reasonable financial management and control system by establishing and improving asset information disclosure system, the organization property system and the organization of supervision and audit system, in order to ensure the legitimacy of the use of organization’s public assets as well as the circulation of property rights smoothly.A clear property rights is the fundamental driving force to promote the healthy development of the Non-profit Organization. Through analyzing the status, issues and causes of Non-profit Organization’s property rights, this paper putting forward the suggestions which the legislative branch, the executive branch, as well as Non-profit Organization all participate in, in order to build the property rights of Non-profit Organization with a clear boundary, and to provide the inexhaustible impetus support for the grow and development of Chinese Non-profit Organization, and also to provide our society with more positive energy.