The Research On Ownership Of Surplus Money Of Private Charitable Donation In China

Compared with charity donation, private charity donation with aspecific purpose and object, with spontaneity, flexibility and highefficiency, etc., is a useful supplement to public charity. But in real life,without a sound relevant legislation about private charity donation, a seriesof cases about ownership of surplus money of private charity donation areincreasing. The purpose of the paper is just seeking solutions to theseproblems through depth analysis of legal acts of private charity donation.The first part of this paper describes a lawsuit as a lead problem,then leads to the focus that“Who should own the surplus money of privatecharity donation” and several different views. Those lay the legalgroundwork for later analysis.The second part elaborates the legislative and judicial attitudes onthe ownership of surplus money of private charity donation, and proposesthat the current regulations can not solve the problems of ownership ofsurplus money of private charity donation, and points out the judicial decisions are different and even contradictory.The third part, through theoretical and legal analysis of law issuesabout the ownership of surplus money of private charity donation, anddefines the legal nature of the private charity donation as the donationcontract of benefiting the third party, and confirms the surplus moneyshould be attributed to the donor.Section IV presents the concepts and principles to be followed tosolve the problems of ownership of surplus money of private charitydonation, to provide directional guidance for the attribution of ownershipof surplus money of private charity donation.