The Legal Status Of Public Welfare Foundation

Public welfare foundation has an important effect on optimization, civilization progress of social and other aspects. Public welfare foundation, as the major charity organization, is playing an important role of charity, disaster relief, poverty alleviation, education and environmental protection, which also raises the public concern. Most of the public may know China Red Cross, China Children and Teenagers’ Fund, Soong Ching Ling Foundation, One Foundation and others, instead of mastering the theory of public welfare foundation, which may lead to a deviation. With the introduction of it, public can have a more profound understanding, which may also facilitate the supervision of the foundation.On current research, the majority interpret public welfare foundation in the view of public law, focusing on governments’ leadership and management, which had a special background. Now the administrative thinking needs to change. Therefore, this paper attempts to clarify the legal status in the perspective of private law, by explaining attributes, property issues and relative legal rights and obligations.This paper is divided into five parts:The first part is about the definition of public welfare foundation, including the history, development, Chinese public welfare foundation, classification and basic features.The second part analyzes the legal attributes, which includes the foreign, domestic legal requirements, and understanding from the academia.The third part introduces the establishment, modification and termination, which includes conditions of the establishment and the choose between strict normalization and the doctrine of standardization.The fourth part analyzes the property about the classification, attributes, disposition, and supervision, which is the basis of foundation’s establishment and activities.The last part is mainly around the rights and obligations among the parties, donors, beneficiaries and managers, which is also introducing the legal liability for public welfare foundation and the recourse to managers.