The Study On The Improvement Of Charitable Legal System In China

In order to develop charity well in China, there must be a legal system fitting with the current social reality in our country as a guarantee. That’s the main topic in this article.Charity is a beneficial public welfare undertaking for the society and the people and it is an important part of national social security system. It is significant for coordinated development of economics and society. The legal system has played a basic role all the time throughout the charity activities. But charity in China is still in its infancy and there are many institutional problems. Up to now, the basic law about charity in our country has not yet been a unified. The existed legislation is relatively scattered and in low status. The operability of related legal system is not good. The charity is administrative, no clear legal status and nature. The operational mechanism of charity is not completed, which leads to the lack of social credibility. These problems seriously affect and restrict the better development of charity in China.In this article the perfection of legal system of charity in China is taken as the research object. It is analyzed from the definition of charity and charity organization, the related legal theories of charity activities, the legal theoretical issues involved in charity, the related legal relationship of charity activities and the elements of legal relation. This article reviewed the development history of legal system of charity in China, combined with the present law system. The current outstanding problems of legal system of charity in China are analyzed through the charity law system in western developed countries. The article proposes the tentative idea of perfecting the legal system of China’s charity, namely:formulate the act of charity, clarify the legal status of China’s charity, at the same time to perfect charity mechanism and perfect the supervision mechanism of charity activities, to establish a set of complete and suitable for actual charitable legal system.This article mainly uses the methods of combining theory with practice, comparative analysis in developing its arguments for finding solutions of charity legislation in our country, charity running mechanism and related legal issues of supervision mechanism. The article is composed of three parts:preface, text and conclusion. The text is divided into five parts to discuss the perfection of charity law system. The specific contents are as follows:The first part analyzes the basic theories of charity activities. Define charity and charity organization; analyze the legal basis for the development of charity; Study the legal relationship of the country’s charity and state the subject, object and content of charity.The second part reviews the overall development of the charity after the founding of new China, expounds the status of the charity laws and regulations in our country at present, and analyses that the existing legal system lags behind the development of charity.The third part is about the research of other countries’ legal system of charity and using for reference. The United States, Germany and other countries are introduced respectively. The abroad systems are learnt to put forward the charity legal system to match our development.The fourth part analyzes the existing problems of our charity system from the legal angle. There are some problems restricting the development of charity:lack of basic law of charity, low legislative level, incomplete system, incomplete charity organization system, the disadvantages in charity mechanism and lack of supervision authorities. The above factors restrict the development of charity in China.The fifth part puts forward the countermeasure of the concrete legal system and the legislative ideas on the basis of the analysis of the problems involved in the fourth part, theories and experiences.Finally, in order to develop charity in China, it is important to perfect charity legal system as guarantee of building a harmonious society according to the actual situation.The internal connection of five parts in the text is that the author follows the idea of analyzing China’s charity problems by using the conclusions drawn from general sense. Based on theoretical analysis in the first part, the fourth part analyzes actual situation by borrowing from foreign experience combining with the second part and the third part. On the basis of the first four parts analysis, the perfection of related legal system for charity legislative proposals is put forward.