The Route Of Legitimization On Folk Charity Organization

Folk charity organization with government charitable organizations are the two importantforces in the field of Chinese charity in China, poverty relief, charity has made remarkableachievements. But these two shares of charity efforts, with the official charityorganization with adequate financial support from the government and other congenitaladvantage, smoothly such as project hope, love orphans and other projects, by all sectors ofthe community wide support, gained widespread public recognition and trust, a socialcredibility and good reputation strong. In contrast, folk charity organization iscompletely spontaneous organizations, to accept social donation, charity and publicwelfare projects independently, with folk distinct significant. This feature does not affectthe private charitable organizations to give full play to its charitable action, through their ownefforts and still achieve organizational goals, to achieve good social effect.However, private charitable organizations are facing a series of problems, such ascharitable donations source, staff recruitment and selection, social credibility beingquestioned, external supervision is weak, but in these problems, the most important issues ofidentity, is the key problem of the law."General principles of civil law" will be the civilsubject is divided into natural and legal persons of the two classes, apparently folk charityorganization should belong to the legal person of the body. According to folk charitableorganization scale is small, small member amounts relatively little funds, target objects andactivities targeted features, our country’s legal system and charitable organizations achieve agood match, resulting in charitable organizations unable to obtain appropriate legal status.This problem greatly restricted the private charitable organization existence and itsdevelopment, and even.This paper from the folk charitable organizations and with the government officialcharity organization phase contrast angle as the breakthrough point, it belongs to folk charityorganization distinctive, remarkable characteristics, and then analyzes the folk charityorganization ought to legal basis, with reference to foreign law experience, thus finally meetthe path choice of legalization of the actual situation in our country folk charityorganization. In the folk charity organization legal path selection, corporate social groups asthe primary choice. In the literature, through the discovery process of the law, the privatecharity charitable organization in social groups corporate identity was established, the number of personnel, the establishment of funds need, seek business departments after meetingthe strict administrative examination and approval conditions in order to obtain anadministrative license, the folk charitable organization and peculiarities, so folk charityorganization it is difficult to obtain the qualifications of civil subject. On the road condition,my paper tries to juridical person as folk charity organization legal path alternative. Theconcept of juridical person is reminiscent of the public trust, this paper not only onthis concept the comparison between, also combining with the two folk charity organization,the folk charity organization as legal person established is a better choice to thisconclusion. In the view of Chinese legal system, not only legal person the academicclassification, adding the juridical person this classification not only improve thebeneficial theory of civil law vacancy, also to the private charitable organizations setup, flexible application, simple, and effective procedure in reality.