Research On Legal Supervision System Of Public Foundation In China

Since1980, along with the economic reform, foundation came out as a new type of social charity organization. As to China, the concept and nature of public foundation were unusual at that time. However, the moral attributes of foundation has been in resonances with the civilization of the Chinese nation evolving from thousands of years. Therefore, foundation has rooted into Chinese culture and land with rapid development in recent years.Public foundation is a branch of foundation in China. Along with the growth of foundation, public foundation has developed significantly too. After20years of reform, the number of public foundation has increased from0to1329, continuously contributing towards the social charity in China. Public foundation has been working on many things, aspects of social life, bringing the significant development of social charity. The unique situation of China has determined the unique attributes of public foundation. Public foundation in China is noy only a social organization, but also a co-worker of the government department, containing the function of government. The earthquake in Wen Chuan in2008is an unforgettable scene for the Chinese. The public foundation has made significant contribution by letting the ordinary Chinese feel the power of people in front of natural disaster. Public foundation has raised significant amount of fund with rapid action. The social value of public foundation has been shown in the rescue of the earthquake. And its operation and development have also generated more and more public awareness. The social responsibility that public foundation is undertaking has determined that it should be governed by law.With the increasing scandals of public foundation reported by media recently, like’the Guo Meimei Case’Song Qingling Foundation Case’, the shortcomes of the public foundation has appeared. The lack of legal supervision has allowed the non-transparency, the abuse of power, and the illegal use of fund to happen time by time. The public becomes very suspicious about it. The fundamental reason is the lack of legal supervision. Although there has been law in place evolving from years of practice, there are still many limitations falling short behind effective governance. The development of the economy and public foundation have beening called for the rebuild of public foundation legal supervision.This artical starts from the basic notion of public foundation, illustrating the concepts of foundation, public foundation, public foundation legal supervision, and analyze the law attributes and uniqueness of public foundation, helping the reader understand public foundation. Then the essay analyzes the current situation of public foundation legal supervision and its origin, along with the experience of public foundation legal supervision in the U.S. and proposes the approaches of public foundation legal supervision in China, which are internal structure self-rebuild,improvement on administrative supervision, improvement on tax supervision, improvement on social supervision and internal accountability rebuild.