The Legislative Studies On Corporate Foundations Maket Assess System

This article based on the practical problems and the legislative status quo of theenterprise foundation industry as the breakthrough point, take the market access system as themain line, and to build and perfect the market access legal system of our country enterprisefoundation put forward a series of specific ideas. On the whole structure, defines the conceptof enterprise foundation, the basic content of market access system, the paper analyzes thecurrent situation of our country’s present legislation, deficiency and reason, and from twoaspects of legislation mode and the basic content of Chinese current legislation comparedwith Germany, the United States and Taiwan legislation, to perfect our country’s presentlegislation put forward some opinions for reference. This led to the focus of this article, tobuild the enterprise foundation legal system, in which “Charity Promotion Law” as the basiclaw, the “Foundation Management Regulations” as the special law, on this basis, perfect theenterprise foundation market access legal system.In addition to the introduction, this article is divided into four parts altogether:The first part, overview of the enterprise foundations market access system. First of all,this part introduced the academic circles about the definition of enterprise foundations，andanalyzes the corporate foundations compared with other types of the particularity ofnon-public offering foundations. On this basis, from the market main body access and publicproduct access two aspects, the specific content of enterprise foundation market access systemare discussed, and in the aspect of legislation introduced the related principles of three kindsof access.The second part, the legislative status quo and the existing problems of our countryenterprise foundation market access system. From the legal system, set up procedures,property factor, organization factor, personnel requirements, investment market accessrequirements, foreign market access requirements, product access to eight aspects analyzesthe legislative status quo of our country enterprise foundation of market access, analysis ofthe main problems, and probes into the system root of these problems, so that in the coresection of the paper on these issues for further solutions.The third part, the enterprise foundation of market access for foreign companies and itsenlightenment to our country legislation practice. This part of the targeted chose legal systemis the most developed the United States, the legal person system is the most mature of Germany and the most similar to our country in Taiwan, according to the analysis of thesecond part, from the national and regional legislative experience summed up the inspirationto the future legislation of our country, lay a foundation for specific legislative suggestions.The fourth part, legislative suggestions to perfect the enterprise foundations marketaccess system in China. This part is the focus of this essay, by "strict registration, laxregulation" to "loose registration, strict regulation" legislative idea transformation, to buildthe enterprise foundation market access legal system, in which "Charity Promotion Law" asthe basic law, the "Foundation Management Regulations" as the special law. In terms of basiclegal system, the concrete this paper expounds the necessity of legislation "charity promotionlaw" and the content of the enterprise foundation market access system; in special law, striveto build independent legal system of corporate foundations in the "Foundation ManagementRegulations", and analyzes the specific legislative design of the enterprise foundation marketaccess system from six aspects, which are reducing property requirements, strengthening theorganization requirements, build the employees access system, open investment market accessand the elimination of foreign market access barriers; in addition, some relevant supportingmeasures of perfecting of enterprise foundation market access system has carried on thesimple discussion.