Researching On The Legal Problems Of Non-public Charitable Donations

With the development of social economy, charities has become an important symbol of economic and cultural development. Charity plays an important complementary role in our social welfare system. In recent years, China’s economy developed rapidly and people’s living standards has Improved, at the same time, the passion of people take part in the charity initiative is increasing. Our donations also present the characteristics of generalization under the new situation. There also exist sizable disadvantaged groups in china; non-public charitable donation has become an important way to help disadvantaged groups out of poverty and plight. Due to the lack of clearly defined legal system of non-public charitable donation, which leads to a result that sponsored body are random, the process of donations is opaque and inadequate supervision of managing money for fundraisers, which is damage to the donors’good intention to a certain extent, and causes considerable adverse impact on the development of China’s charities.This article is based on a typical case of Shi Jibin v. Hongqiao primary school as the entry point, leading to relative issues of non-public charitable donation through its dispute focus, and then analyzing the behavior of non-public charitable donation. By comparing various academic viewpoints, identifying the nature of the non-public charitable donation as implied private trust, and analyzing the legal relationship of the behavior of non-public charitable donation under trusteeship. Combined with foreign countries’ legislation, analyzing the non-public charitable donation based on legal theories, and combing the main existing issues of the behavior of non-public charitable donation in practice, and giving some suggestions for improving the system of non-public charitable donation to find the direction of regulation of non-public charitable donation, which will make the non-public charitable donation run along the path more efficient and institutionalized. At the same time, learning the approximation principle of charitable trust to solve the ownership of donation balance.