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The Legalization Of Chinese Charity Organization

Posted on:2015-04-09Degree:MasterType:Thesis
Country:ChinaCandidate:W J ZhaoFull Text:PDF
GTID:2296330431954962Subject:Legal theory
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From the beginning of the new century, Chinese charity has entered a new era of high-speed development. As a carrier to launch donation activities, implement all kinds of charity projects and promote charity culture and concept, charity organization has played a role in operating charity as main entity and connecting donators and beneficiaries, which is indispensable to promote the development of charity. Charity organization is a nonprofit organization aimed at charity and helping others, which is the most important entity in modern charity activities. Charity faces vulnerable groups of the society. There exists unevenness, deficiency and unbalanced social rights of the original system in allocating interest about the vulnerable groups, which is believed the root of the charity’s problems. The fast development of charity organization reflects the constant growing system needs of our country’s vulnerable groups. Therefore, charity is an important form of the reallocation of social interest, the function of which is to make up the deficiency of interest allocation mechanism and readjust in necessity the social interest after two allocations. In the last decade, the quantity and scale of the charity organizations have developed constantly, taking in charge of the third allocation of the society. However, the hot debated charity scandals in recent years represented by "Guo Meimei Issue" have involved the charity organizations represented by Red Cross Society of China into public trust crisis. In China, the charity organizations belonging to the folk society have alienated into a shape which connecting closely with power and interest systems. There exist some problems in its development such as severe administration, absence of public trust, imperfection of inner governance system, harshness of access system and failure in external governance and so on. The distortion of administration and marketization makes it losing its charitable meaning. Under this background, debate about how should Chinese charity continues to move forward is becoming increasingly fierce.The raise of the legalization of charity organization is based on the admission and security of the citizen’s charity rights, which at the same time masters the key to improve the development level of Chinese charity. The development of legalization calls for cultivating and developing the civil society, promoting and securing multicomponent social rights, making the state power divided, resolved and counterbalanced. On behalf of folk social organizations, the charity organization is a form for civil society to realize self-content, self-management and self-development. It is noted in the report of the18th Congress of Chinese Communist Party that "modern social organization mechanism which distinguishes between politics and society and possesses clear powers and responsibilities and legal autonomy should be constructed quickly", which ranks legal security as one of the standards of social management mechanism and highlights the importance and urgency of the legalization of social undertaking construction. Accompanied by the legalization progress of the interactive development of the state and the civil society, the study of rules and methods of charity organization construction should be led by legal concept and starts with recovering the social and folk nature of charity, breaking the original administrative management mechanism, broadening room for existence and development and establishing charity organization management model which operates and develops independently under the government supervision, so as to realize the change of charity undertaking from "humanity governance" to "legal governance".In the respect of concrete design of system, the goal of legalization in form is to compose unified laws for charity undertaking to redefine the nature of current charity organization and safeguard the independent status of charity public service legal entity through the legislation levels of charity undertaking. So that the change of concrete system in charity organization laws can be achieved, the access system of double-access and multi-management can be converted and the effectiveness of external supervision and inner governance can be improved and coordinated. Besides, the improvement of charity organization legalization can be secured by the establishment of tax system, trust system, anti-monopoly system and other supporting law systems. In the respect of governance, the charity organization should reconstruct social trust and support for charity through the establishment of credibility so as to realize multicomponent participation and share in the field of charity. It also should return to its folk, social and multicomponent nature and achieve independence in reality so as to bring its due charitable function into play.
Keywords/Search Tags:charity organization, political country, civil society, legalization, social management
PDF Full Text Request
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