Research On Legal System Of Fund Associations

With the rapid development of our economy, society and inner strength is greatlyimproved, mainstay fund charity will rise as an emerging force. In modern society, thenonprofit sector with the government and the market departments together constitute the basisof society. Share the responsibility of state and government non profit sector, in helping thedisadvantaged groups, fill the policy loopholes, reduce social Chong, process, promote socialharmony, maintain social stability and other aspects play a very important role. Sincetwentieth Century eighty’s foundation in our country since the birth, now the development ofChina’s fund has made no small achievement, the fund will play in the "third distribution" inthe role is more and more important, the absorbing social wealth, leading the public welfareundertakings, optimize the allocation of resources function also caused legislators andscholars attention, as well as public concern. However, in the "Jocie Guo incident" flauntwealth ", Jet Li’s one foundation" as a representative of the foundation event in the leadexposure, China foundation fundraising capacity seriously damaged at the same time, more ishitherto unknown to caused social all circles to reflect and review the foundation of legalsystem.The foundation of legal system construction started late, the lack of experience, still lacka reasonable, perfect, mature legal system."The framework of the provisions of theregulations on" management of the foundation can not meet the demand of current fundgovernance practice. Legal system foundation, is a whole set of system design includingfoundation legal person registration, tax relief, operation of the fund, public welfare activities,operation cost, governance structure and supervision system of complete and scientific. Nowour country fund laws and regulations related legislation is scattered in various parts of thedifferent legal order, there are also many contradictions and overlap in content, internalgovernance fund will remain in the imitation of corporate governance, external supervisionand fund are showing the confusion, contradictions and missing state. To our country societynew power fund, how to find a scientific legislation mode, how to determine the value of thelegal regulation, this a series of problems, related to the cause of building foundation, the rational use of social resources in the relationship, and social powers within the play to thepromotion of social the progress of function. The construction of foundation legal system is alegal system transformation, the influence of habitual thought legislative restricted to China’sposition as the administration’s heteronomy and self-discipline, at the junction point of thefund, has been seriously hampered. In this paper, from the analysis of current legal system ofChina foundation, from the construction of the internal governance and external supervisionof the design of the two aspects on the foundation of legal system, and the combination offoreign developed countries fund development experience of legal system, to explore thereasonable direction and scientific and systematic design scheme of China fund legislation, atthe same time through a simple discussion on the peer review system to create USA scientistsfoundation, to find the foundation of legal governance of new possibilities, to explore thefoundation in China’s legal system reform path.The preface part mainly explains the research background and purpose of this paper, thedomestic and foreign research and innovation. I for the long-term concern of the UnitedNations Children’s fund, is the choice of this thesis opportunity in the research process inliteratures at home and abroad have carried out lots of reading and study, in this part I studythe opportunity and the domestic and foreign research achievements on the foundation of thelegal system will have a statement.The body of this article consists of four parts. The first part according to the definition,foundation division of form and development process of a simple introduction, grasp the basicconcepts related to fund from the macro level.The second part mainly explains the status quo of current our country foundation of legalsystem and the practical difficulties encountered. From the two aspects respectively and themain system foundation are discussed, at the same time, indicates the shortcomings of currentfund legal system, restricting the development of the foundation which leads to imperfect law,institutional gaps, emphasizes the importance of the fund and the urgency of the reform of thelegal system. The crux of the problem of insufficient legal system, know the crux and disease,to an antidote against the disease, break the limitation of system.The third part mainly introduces the advanced experiences of foreign funds to USA andGermany as representative’s legal system development. The focus is on the analysis of the legal system of America will fund, American foundation legal system represents the mostadvanced level of the world, America civilian charity and supervision of embeddedfoundation, are USA fund will cause the most reliable guarantee. The German governmentand the law to the attention and support of the foundation, is also worthy of our study andreflection. Foreign advanced experience is worthy of imitation, but the simple systemreplication cannot solve practical problems faced by Chinese foundation, fundamentally so,should One divides into two. view of experiential learning, both must have the full reference,there are.The fourth part mainly aims at our country foundation, proposed a series of completesystem conception of legal system. The foundation of legal system has some specificproblems of its own, we should begin from the two basic work of legislative mode andlegislative principle to determine the perfect, then fund internal governance mechanism ofremodeling and external supervision system, information disclosure, preferential tax, ask notto construct the responsibility that a series of system is single and isolated work, design acomprehensive legal system of the large complex engineering but interlocking, closely relatedto the exploration, from the macro design to system refinement need long time, also hope thatour legislators and scholars do not be anxious for success, steady practice, gradually improve,step by step is the correct road of China foundation of law system reform.