Study On The Charity’s Legal Organizational Forms In China

Since the wenchuan earthquake (2008) happened, the development of philanthropy has beenunder the spotlight all the time, and the issues of construction of legal organizational formsthat fit our charity become increasingly evident and need to be solved. Aim at the existingproblems of the charity’s organizational forms in China, on basis of the foreign advancedexperience, comparative analyses the pros and cons of various organizational forms, in orderto find out the right form that fit our charity——keep diversification of legal organizationalforms, prioritize the corporate charity to improve our charity.Apart from the introduction and epilogue, the body of the paper is divided into four parts.The introduction is the theory of selected topic, existing problems and practical significance.The first part is state the theories of the charity’s organizational forms. Based on the definiteunderstanding of the concepts of charitable organization and its basic features, this partcomparative analyses existential types of charitable organization and its forms, thus layingthe foundation for the paper.The second part studies the current situation and predicament of charity’s organizationalforms in China. Through knowing the development of charity’s organizational forms inChina and the existing legal organizational forms, this part summarizes five existingpredicaments, including legislation, access system, internal governance structure’sestablishment, supervision system and tax related mechanism.The third part compares different pattern of different charity’s legal organizational forms inthe world, in accordance with the predicament of charity’s legal organizational forms inChina, thus refining what are worthy of learning. This part prepares the ground for thefollowing parts with indigenization of charity’s legal organizational forms in China.The fourth part comparative analyses the pros and cons of various legal organizational forms,in order to find out the right development path——keep the forms diversification, build thecorporate charity. And further put forward the specific legal mind that building the corporatecharity in China.The epilogue is the conclusion of this paper, meanwhile, explain the insufficient of this paperand the study which need to further in-depth discussion.