A Study On Foundation Law

Foundation has developed till nowadays, in different countries have different name, but it’s longing for definition of its nature, such as the British trust system, German consortium legal person system. As people concerned about the social life, it will make us a lot of money into the public undertakings, the result is highly centralized, then funds focused on we think trustworthy organizations or individuals, the foundation will arises at the historic moment. Foundation as the third kind of social power, has been committed to philanthropy, and contributing to the development of public welfare undertakings in our country the important strength. In recent years, the foundation have mushroomed appeared all over the country. The foundation in the legislation, information disclosure, supervision and management, capital operation and so on, has been presented outstanding problems. At present, the foundation of the development history is short, but the foundation of anomie scandal in torture of our conscience, and has been an all-inclucive legal system of foundation abroad, especially the internal governance and external supervision legal system. The existing bankruptcy system in our country, such as tax system is not specific to the foundation, the governance structure is narrow small, more no exit mechanism, the relevant provisions of the law system of relatively backward in our country the foundation has meet the need of the actual situation, this paper tries to improve the foundation’s legal system and responsibility system to ensure the foundation’s open, transparent, and provide a solid foundation for the long-term development of the theory and system foundation.The article is divided into five parts, detailed introduces the foundation and solve the problems existing in the train of thought:Part I:On the foundation’s value proposition and legislative defects are investigated. From the general situation of the legislation foundation, define the legal status of the foundation; From the background, theory to practice, on the foundation of the depth of the current legislation of the master, for the foundation of law provides the basic direction of rules and regulations, and perfect the legislation of foundation.Part Ⅱ:By understanding foundation, the problems of information opacity, cause the loss of the foundation of social credibility, designed to through a variety of ways and means, strengthen the information disclosure, and put forward the improvement of the legal way. In this paper, begin from the object of information disclosure to the supervision of information disclosure, the final foothold to return to the improvement of legal system.Part III:Focused on the foundation of fund structure problem. Foundation structure is the core problem of funds, through the foundation funding sources, and the problem of operation and subsequent processing property, and the problem of tax understanding foundation of property right. This section from the foundation of financial sources, to the final remaining property processing, real time focus on capital movements, and find effective path to money management.Part IV: Foundation of the internal and external supervision legal problems. From the combination of internal governance and external supervision, achieve the effect of the combination. In the process, we have a special focus on the external supervision, especially the trade organizations, news media, public supervision.Part V: The exit mechanism for the foundation. Foundation in our country exit mechanism of related research is less, proposed by foreign foundation, bankruptcy and liquidation, the problem such as collapse, looking for legal and feasible way to solve the our country foundation to exit. This paper puts forward three kinds of solution, revocation, dissolution and third party management, foundation of our country’s exit to provide more effective solutions, thereby avoiding the bankruptcy directly.