Research On The Ownership Of Property Of Social Donation For The Specific People

At present, China is in the primary stage of socialism, the expansion of the gap between the rich and the poor and vulnerable groups, the presence of a potential threat to social stability and raising funds for specific recipients as an important part of the social security system, in difficult relief and the promotion of science, education, culture and health business and public utilities and welfare development has played a positive role, is widely used in real life, and the advantage of its flexibility, spontaneity and high efficiency for specific people in financial difficulties to solve practical problems, thus becoming the charity the cause of a useful supplement. However, due to China’s lack of laws and regulations in the field of charity, so that the fund-raising for specific recipients lack of effective supervision, resulting in fund-raising activities for a specific recipients in recent years there have been many unsatisfactory situation, such as fund-raising property misappropriation, raising people have been questioned and blame the recipients are not effective relief, especially the many fund-raising remaining property disputes, these problems make such donations for specific recipients increasingly depressed, affecting the healthy and orderly development of the charity. The current judicial practice generally by the corresponding provisions of the Public Welfare Donations Law and the Civil Code and the general principles of contract law provisions to regulate fund-raising activities for specific recipients, despite played a certain role, but there is no uniform applicable standards lead to differences in the outcome of the case, as a forward-looking, complexity and value of the subject, research fund-raising for specific recipients has important practical significance.The first part of this article, three of judicial practice to specific recipients typical case of fund-raising in the dispute as a starting point, combined with the current fund-raising activities for a specific recipients to carry out the process of the practical problems, many problems exist for specific recipients of fund-raising analysis, and analysis of the legal characteristics of fund-raising for specific recipients, and pave the way for the next in-depth analysis of the legal nature of the social fund-raising leads to this article discussed the social fund-raising for a specific people. The second part of the system for raising funds for specific recipients legal relationship. This section for specific recipients fundraising gift, no management, agency, trust and other related theories comparative analysis of the combination of theory and case, to determine the legal nature of fund-raising for specific recipients, will be characterized as attached conditions of the interests of a third party contract, and to determine the remaining ownership of property standards raise money for specific recipients.Third part, on the basis of the problem-solving current problems in fund-raising for the specific recipients of recommendations:on the one hand, in the case of China’s current lack of relevant laws and regulations, judicial practice how to referee similar cases; on the other hand, pointed out that the special specification order to better address the disputes arising from the social fund-raising process, the need for social and fund-raising activities to establish the social fundraiser access system and improve the social donation information disclosure system.