The Charitable Organization Commercial Behavior Regulation Of The Legal Issues Research

With the rapid development of our country’ market economic, in recent years,“commercial alienation phenomenon” are not wired to see happened on some charitableorganization, and the most influential in them is “Guo MeiMei” which happened in6,2011.This event is not only a torture to some individual charitable organization, but also to therelated administrative regulations and laws of it, it has been a must-solved problem on thedevelopment way of Chinese charitable organizations. Facing the pros and cons of this“commercial behavior” it has been a popular topic whether or not to continue Chinesecharitable organizations commercial process, and this is also an urgent social issue for legalscience.This article fully discusses the question, if we can make Chinese charitable organizationscommercial operation, and if yes, how we can use law to supervising and ruling thiscommercial behavior, so we can promote and consummate charitable organization commercialbehavior legal system in our country. With economics, commercial laws, market regulationlaws theories, using document analysis, comparative analysis, positive analysis and so onmethodology, firstly, this article discusses the charitable organization commercial behavioressential issues and also its concept, characteristics and effect. In consideration of socialpractical situation, this article reveals the dilemma between the charitable organizationcommercial behavior and no regulation; secondly from the law, regulation, policy andsupervision level, it discusses regulating situation about the charitable organizationscommercial process in our country, and by the legal theory, analyzes the existing problems inthe legal system supervising the charitable organization commercial behavior, for examples,lacking the main law system about charitable organization commercial operation, lackingdetail law system, detail regulation system, responsibility legal system and so on; furthermore,using the comparison research method, this article analyzes the legislative practice in and outthe field about regulating charitable organization commercial operation, sum up the worthylesion about the legislative method and content; at last, using the systems methodology andeconomic law theory, it designs the promotion plan about consummating charitableorganization commercial operation regulate. It proposes to consummate the legislative advise and content about <System of Market Main Body and Behavior><Charitable OrganizationCommercialization Management System><The Commercial Operation of CharitableOrganizations Monitoring System><Trust Law>.