Legislation Research Of The Regulation Of Charitable Organizations

The core of the development of charity is the healthy development of the charitable organizations, the development of philanthropy in China a short time, the charitable organization’s legal and regulatory system is not perfect, the speed of the charity legislation lags far behind the charity the development of speed. Charitable organizations under the current situation in our country, on the one hand, the rapid development of the social huge demand; while on the other hand, is a charitable organization the credibility of the decline in the status. Now, we had charitable organizations accelerate the improvement of legislation, to strengthen the monitoring of charities, applying the law to be regulated in charitable organizations, regulatory, play a charity helping the poor the weak and responsibilities.Academia charity research does not give high attention, the charity is to start from the relationship of culture, history, government and charitable organizations, and legal research on the regulation of charitable organizations is freshsee Mei-US incident triggered a series of social problems from the earthquake relief, so that I know has important research value and practical significance to the supervision of charitable organizations.In this thesis, using the comparative method, normative research, case analysis, starting from the status quo of the charitable organization of legislative analysis, and then charity legislation to regulate the problems. And further elaborated through the analysis of the legal position of the charitable organizations, legislation, legislation to regulate the necessity of the study of charitable organizations. Finally, foreign regulatory legislation learn to perfect our charity regulatory legal system legislative proposals.In addition to the introduction and conclusion, the thesis is divided into four parts.The first part is the development of charity and legislative situation. The part of the first analyzes the current development of China’s charitable organizations, on the basis of the legislative situation of charity regulatory summarized description. In addition, now our charity regulatory legislation which the main problems.The second part is the analysis charities regulatory legal issues. First, the legal position of the charitable organizations were explored, including the concept of charitable organizations, further proposed charitable organizations legal status of the deficiencies and recommendations. Secondly, the Classification of the defects of charities regulatory legislation, mainly from charitable organizations access restrictions on the threshold and restrictive, low level of legislation, regulations, lack of coordination, the charitable trust system does not complete the three main aspects of the analysis. Again, in the analysis of the premise of the question of legislation, the use of charitable organizations perspective on internal oversight of charitable organizations internal governance structure. Finally, China has established the need for charitable organizations legal and regulatory legislation. Charitable organizations to strengthen the legislation to regulate the right to be able to protect charitable giving property stakeholders to achieve, and to safeguard the credibility of the charitable organization.The third part is the legal and regulatory mechanisms Experience and Inspiration of the extra-territorial charitable organization. Charitable organizations in the United Kingdom, the United States, Germany, regulatory systems have different characteristics, through the comparative analysis of the experience of other countries, China has the experience of enlightenment.The fourth part is the legislative proposals of the regulatory legal system of China’s charity organizations. Charities regulatory issues related to legislation should first clear the legal position of the charitable organizations, reconstruction charitable organizations legal locate and clear the level of charity legislation; Second is to improve the our charitable organization access mechanism, and gradually change the charity registration system and reduce charitable organization registration threshold; again to establish supporting taxes supervision system, further adjustments to tax incentives legal environment, improve the tax supervision procedures; Finally, the establishment of charitable organizations monitoring and evaluation system, through a combination of internal and external supervision to achieve a complete system sex.