Legal Research On The Charitable Trust Application For Charitable Donations

In Modern China,charitable donation is related to public welfare,though leadingby authority.The public have placed high hope on charitable donation,since theearthquake in May12,2008. However after2008, there came out more and morecases on charitable donations.Then came the winter of China’s charitable career.Onone side, plenty of corruption cases of charitable donations are revealed, on the otherside, cases on civil donations are emerging in an endless stream.For the lack of rightlaw basis,cases such as”Xiaoyan Shi”and”YongxianZhong” cannot be effectivelyjudged or perfectly resolved according to the existing legal system.As a result,public’sbenevolence got seriously hurt.In the beginning of this thesis,four different type ofcases show the lack of existing system.First, the public have totally lose confidence incharitable foundation for there are plenty of corruption case.Second, the law systemneed to be improved.There’s only one law directly regulate charitable donation madeby the NPC Standing Committee.Principle of indemnity in civil law cannot well suitcharitable donate disputes.Third, there is scarcely an amount of order in civilcharitable donations.In the year2001,Trust Law was established which marked theestablishment of charitable trust system.Therefore it’s meaningful to combinecharitable trust with charitable donation.Charitable trust can take the place ofcharitable foundation in some way. Chapter I, introduction. This part study the background of the thesis,mainlyconsisting of the predicament of justice,legislation,and macroscopic situation.Thejustice predicament mainly includes four different cases,and finally summarizedproblems in the existing judicatory practice.The legislation predicament mainlyinvolves the lack of legislation which can directly rule charitable donation,andcharitable trust is not effectively used.The predicament of macroscopic situationconsist of the lack of public confidence in charitable organization which conductterribly financial transactions of charitable donations.Chapter II presents the selections of charitable donation and the comparativestudy of the charitable system between USA and China.Foundations in USA includesboth foundation corporation and charitable trust, but in China,charitable trust is totallyseparated from foundation,China’s charitable trust isn’s effectively used.Foundationcorporation and charitable trust’s different advantages should be effectively developed.Charitable trust is more suitable for disperse donations.Chapter III introduces the envisage of the practice of charitable trust in charitabledonation.For charitable trust has evident advantage over foundation corporation indonations, it’s meaningful to search the improvement of charitable trust.This partstudies the combination of donation collections with charitable trust.