A Comparative Study Of The Dominant Position Of Charities Under The Libertarian Vision

Chinese modern philanthropy has its own unique path of development, hasexperienced from without, never again to some contrast changes.If the China Children’sFoundation was established in1981as a start to see the revival of philanthropy, then so farhas spanned thirty years. By the late twentieth century, the last two decades of brewing inthe future into the twenty-first century, the development of Chinese philanthropy can bedescribed as gold has entered a stage of high-speed operation. However, it does not meanthat the rapid development of mature growth since2011,"Guo Meimei incident," China ’scharity suffered the biggest ever public crisis of confidence, but also a steady stream ofvocal opposition of many of the attendant. For30years, the government and the market areconstantly reform and innovation, with the exception charity reform has been laggingbehind. Even raised funds with charitable organizations, including those behind the strongsupport of the government, with support for a variety of powers, the government tilt andresources continue to become bigger and stronger, while the degree of public trust andsupport their enthusiasm was increasingly depressed. Thus, the legislative regulatoryreform charitable institutions had reached a critical point. Along with this, for thecontroversy and disagreement on how Chinese philanthropy should continue to moveforward in the future has become more prominent.From the civil law legal system, starting mode for the current legal provisions of theCivil Code classification, explore donors to maximize protection while minimizingrestrictions libertarian free will donation charity administrator mode. Through the processof raising money, operation, management, ownership of a step by step analysis of fundsfrom donors in the hands of the transfer, the management of charitable organizationsthrough intermediaries, thus reaches the hands of the donor, and in this whole process fromthe beginning from charity end can not be free property. In short, the author through theinterpretation of the intent of the will of freedom and ownership theory, to build the futureof our civil code legal system model, and ultimately to draw conclusions about the legalstatus of a charitable organization should have a. In addition to the introduction andconclusion of this article is divided into five parts, the main content of specific andpreliminary conclusions are as follows:The first part is the relationship between free will and ownership of Hegel’s theorygive a preliminary introduction. Hegel’s philosophy of law viewpoint believe that theprocess of realization of people’s ownership of the property, that is, the process of free will achieve. Donations for charitable organizations to solve problems using reasonable startingpoint of this article is the first to study the reasonable operation of donations mustunderstand the ownership theory, sort donations vested ownership, and this will involve themost fundamental freedom of expression issues. Then the reality of an event-specificanalysis, we found our current imperfections charitable legal system.The second part, a comparative study of the relationship between ownership separatelyby different organizational models (Corporation mode, juridical person mode, charitabletrust mode), the discovery of the money raised, operation, management, ownership of a stepby step analysis of donations from donations hands transfer the management of charitableorganizations through intermediaries, thus reaches the hands of the donor, and in this wholeprocess from the beginning to end charities are unable to obtain the freedom of property, toanalyze the most suitable funds obtained ownership of security that is the best way to existFoundation mode.The third part, through each of the next three organizational models, charitableorganizations and donors libertarian comparative study analysis can maximize theprotection of free will donation donor charity model. How to maximize the protection offreedom of the will of donors, to restrict freedom of charity, a necessary legal prerequisite isthat the construction of corporate models. For this reason, this article from the civil lawlegal system, starting mode for the current legal provisions of the Civil Code classification,explore donors to maximize protection while minimizing restrictions libertarian free willdonation charity administrator mode.The fourth part, by the above analysis that the best organizational mode modeFoundation is a libertarian vision of charities to choose from. Through existing legislationon the status of dominant position provisions charities combing, and analyze the results ofthe existing legal regime practice of charitable organizations, found deficiencies of theexisting legal mechanisms, the overall overview of the main charitable organization status.Therefore, it is recommended to improve the existing legislative system in China, theintroduction of Foundation system and the development of specific legal provisions toprotect the dominant position of charitable organizations. I borrow from the article, I hopethrough the analysis of the legal status of charity donations to maximize the protection ofownership libertarian donors, in order to establish his philosophy horizons law.