The Legal Research Of Our Country’s Civil Charity Organization

The early days, with the market-oriented reforms and the resulting social transformation, the various contradictions of society concentrated expression of the country’s finances have been unable to meet basic life needs of all members of society, so the government from the division within the charitable organization of such new form of legal access to private resources, in fact, this is the official color is very strong quasi-governmental organizations. Until now to affect the larger charitable organizations in our country is still with the serious administrative mark has a background of official, such as relying on the China Charity Federation in the Ministry of Civil Affairs, the differentiation of the CYL Central Committee, China Youth Foundation, the National Family Planning Commission, the formation of the China population Welfare Foundation. With the transformation of society, the existence of the gap between rich and poor and to expand, the demand for social services is also increasing, government-run charitable organization has not fully meet the relief needs of the society in general, this is precisely the non-governmental charitable organizations to create social opportunity, non-governmental charitable organization with its flexible, efficient, civil tentacles and action to address the government’s macro-level is not easy to solve the problem, to compensate for the omissions and deficiencies of the other basic items of the social security and the emergence of various social forces choice results. However, the development of non-governmental charitable organization in its infancy, the existing legal system is not very conducive to the establishment and development of non-governmental charitable organization, and even some legislative policy has hindered its development, there is a small number of specialized lack of law, lack of legitimacy of the status of the internal operations of the mechanism is not perfect and all the defects of external regulation in place, making the development of private philanthropy has been a breakthrough. Practice development calls for rational thinking and discussion and to promote the development of private philanthropy, and how to seize the opportunity to explore the road of development, has become the urgent subject of the development of private philanthropy.By analyzing the problems of non-governmental charitable organization development based on development experience in the foreign non-governmental charitable organization, conducive to the development of non-governmental charitable organization improve countermeasures and orderly development for the health of non-governmental charitable organization a force.The full text is divided into four parts:The first part is clear of non-governmental charitable organizations for basic research. To define first the concept of non-governmental charitable organization, and characteristics of foreign charitable organizations, and summarized the characteristics of China’s non-governmental charitable organizations,and through comparative analysis on China’s non-governmental charitable non-governmental charitable organizations and public service organizations the need for the organization exists. The second part of the development situation of China’s non-governmental charitable organizations to inspect and empirical analysis, that of non-governmental charitable organization development issues and constraints, including inadequate laws and regulations, their own capacity is weak, and external regulation in place. The third part discusses the legislative practice of charitable organizations in the United States and the United Kingdom, and obtained useful insights. Part IV presents specific legal countermeasures to improve the development of China’s non-governmental charitable organization.