The Research On The Classification Of China Foundation

In the process of the development of world economy, the positive developmentof philanthropy, establish public welfare organization become countries are facing animportant issue. Foundation is an important force in developing public welfareundertakings, the foundation has been all over the world each country and area, itsforay into field covers general body as well as environmental protection, religion andsocial welfare. Because of in comprehensive and abundant capital support,increasingly improve their status in social development, also shows more importance.So how to effectively manage the foundation and into the orbit of legal system, it hasbecome unavoidable new issues in the21st century. Before the regulation andgovernance, shall, first of all, to accurately the legal position of foundation, andcarries on the appropriate classification.By studying the classification of the United States and Germany foundation, wecan find that the categories are considered the foundation of producing situation,conform to the development direction of the foundation. The foundation of the UnitedStates is a bottom-up development, in the social grassroots bud and established. Sothe United States respectively according to different sources of funds and the initiatorsource different classifying foundation. This conforms to the legal concept of freedomand equality, is advantageous to the government regulation for non-public foundationat the same time. Germany on the theoretical basis of the foundation is derived fromthe right of consortium and independent corporations theory, through theclassification of the foundation into the category of corporate governance, make itaccording to the orbit, give full play to the positive role of the foundation. The currentregulations, the foundation is divided into public offering foundation and thenon-public foundation is the background by the social environment and economicdevelopment in our country. Influenced by planned economy for a long time in ourcountry, the lack of the support of traditional thoughts of charity and the institutionalenvironment, lack of practical experience, coupled with the growing folk capital, and then draw lessons from the American way of classification is also understandable.And this way of classification in a certain range to standardize and guide thedevelopment of the foundation has played a positive role. At the same time itslimitations should not be ignored, because the foundation developing rapidly, theoriginal classification has the serious lag, and the cause of some foundationinstitutional discrimination, make the foundation of the governance structureproblems. Today’s forecast in the context of market economy to achieve the goal ofsocial security, the need for the classification of the realistic foundation.Combined with today’s reality in China, which can put aside in the legal practicepublic offering foundation and the non-public foundation of traditional theory, try thefoundation is divided into official foundation, officials and aid foundations andprivate foundations. This is based on the foundation of the originators of the differentclassification, basic covers this way forms the foundation of area in our country,given the same legal status, to give full play to their role as the foundation of thepublic has laid a solid foundation. Appropriate classification is in order to bettermanagement, the management of the foundation in our country has not yet formed afixed pattern, if will be three types of foundation to divide and rule, nested method ofcorporate governance is the right thing to do. In terms of fund governance, external tokeep its own independence, and the organization to establish and maintain apartnership with the government, Internal corporate governance structure to buildfoundation, perfect the supporting system.