Research On Donors’ Rights Of Public Welfare

The current law research on Public welfare or Charity tend to on the perspectiveof legislative or public welfare or Charity organization. This paper focuses on theanalysis of public welfare actions from the perspective of civil legal relationship,Wind come from the end of Lemma minor, if the concept itself does not make a cleardefinition, it is thus all the various concepts which come from, are unfounded.Generally speaking there are two point of view for the legal nature of public welfaredonations: one is the donation contract behavior which obligations attached; the otheris the trust behavior.Charitable trust is the mainstream type of public welfare abroad, mainly refers tothe countries of Anglo American law system and some of the civil law countrieswhich earlier introduction of trust law concept, but in civil law countries, because ofthe legal concept corresponding bear most of the functions as trust, such as delegate,conditional or obligations attached donation concept, The trust law in the range ofapplication is limited in the field of commercial law, In the field of public welfare,due to the pre-existing legal concept of public interest corporation which plays aleading role, It makes charitable trust undeveloped, The most obvious example is theJapanese after the commencement of trust law there is no practice for decades ofCharitable Trusts, in our country just to say that there is only one or two of charitabletrust products having a beginning but no end. That is to say that the current mainmode practice of charity donation in China is still a donation contract whichobligations attached, The current chaos in the public welfare, donors often vacant,rarely seen this subject actively protect their rights.This paper focuses on the rights of donors and remedies issues. The main contentof this paper is divided into four parts:The first part introduces the concept and nature of public donations, and thesubject and object of legal relationship of public donations;The second part introduces the character and content of donors’ rights; The third part, analyzes the obstacles to realization of donors’ rights and itscauses;The fourth part, introduces the ways of relief of donors’ rights.