Trust In Donation For Special Use

Donation for Special Use, one kind of charity targeting for special group in society and using for special purpose, is becoming a main self-help method in China for its efficiency and flexibility, and for its great contribution in developing the charity in China, it have already become the supplement of social security of China. Except some terms and clauses about public welfare donation in Welfare Donations Law of the People’s Republic of China, even the word "Charity" could not be find in any laws and regulations in China, and of course the laws and regulations of China have not stipulate anything about Donation for Special Use. Therefore, Donation for Special Use in the folk of China has no laws and regulations to be followed and complied with, which makes chaos in Chinese charity.Starting from the concept of Donation for Special Use, this paper deeply disclose the connotation of various forms of charity by commenting different academic views about the nature of charity laws and regulations. Then the paper move to discuss the disputes in Donation for Special Use and summarize the main legal problems we will meet in disputes. At last, the paper tries to introduce trust into Donation for Special Use in the guidance of pragmatism. With the theory of trust, this paper explores the rights and obligations among three parties in Donation for Special Use and try to use this to guide people’s act and behaviors in Donation for Special Use. On the issue of the surplus in Donation for Special Use, which always bring disputes, the author suggest to bring the Cy Pres Doctrine from charitable trust. The paper also advises to build a system of supervision for Donation for Special Use in order to make full and better use of it and guide the acts and behaviors in it.