Legal Issues Charitable Funds Regulation

Charity is not only making an important role in the social relief of our country, butalso an important part in the social security system. The core of the development of thecharity is how to raise money and how to allocate funds; but in the processes of operation,the charity fund in China occurs a series of questions such as “unreasonable incomestructure”、“poor raising ability”、“the lack of charity information disclosure system”、“thelack of legal accountability in money management”、“the lack of effective efficiencychecking in the use of funds” and so on. Therefore, it is particularly important to seeklegal control in the charitable funds regulation. So, this thesis starts from the basic theoryof charity, and makes the various problems in the charity operation as the major points ofresearch. And in reference to international advanced experience, this paper will combinethe national conditions and give own suggestions on how to further improve our charitylegal institution.There are four parts in this paper:The first chapter shows the outline of charitable funds supervision. We willoverview the relevant conception of charitable funds and the meaning of charitable fundssupervision for each step of the funds operation processes.The second chapter shows the legal problems in charitable funds supervision. Onthe basis of the introduction and analysis of charity lawmaking, this chapter concentrateson the legal problems and analyses from the funds collection, money management, andoperation processes.In the third chapter, we will discuss the analysis and enlightenment of the foreigncharitable funds supervision system. This chapter separately introduces the charitablefunds supervision in USA, UK and Singapore, and gets the enlightenment to our country.In the forth chapter, we will give the suggestion about how to perfect out charityfunds supervision legal system. At first, for the lack of the charity legislation, we put forward the holistic view. In this part, the main points are: introduce the law of CharityPromotion as soon as possible; extend the scope of the administrative laws and regulations,change the relevant supplementary provisions; pay attention to how to carry out andcomplete the local charity regulations or rules. Secondly, with the specific issues incharitable funds operation process, according to the foreign experience and our nationalcondition, we offer some suggestions on the specific legal system to perfect our charityfunds supervision. The main ideas include: how to adjust the charity income structurereasonably, how to extend the charity raising ways; how to perfect the legal system toreduce charity taxes, how to increase the funds; how to build the information disclosuresystem, how to improve the social credibility of charitable organizations in China; how toestablish the charity funds finance management and supervision system, how to plugcorruption vulnerability; how to improve the internal responsibility management ofcharitable organizations, how to make full use of the charitable funds; how to regulate theinternal administrative expenses of these charitable organizations, how to implement thequota management; how to reasonably plan the expenses on projects and activities, how torealize the effective regulation on the flow of funds; how to establish the legal system ofefficiency checking in the use of funds and how to guarantee the high returns of thecharitable funds.