The Patterns Of Social Promotion On Charitable Governance

Hardship in enactment of Charity Law in China lies in unclear functional orientation and administrative patterns. Law of charitable enterprise, as an epitome of basic rules on public-benefit activities, demonstrates that its historic task has expanded beyond domains of charity and to some extent burdens the task of adjusting relationships between the nation and the society. However, present research on Charity Law neglects the backdrop of social construction in China, especially default of proper exploration in the view of social laws. Formation of logically autonomic legal theory determines governing patterns and results. The development of social rules, which the author holds, demonstrates the trend of legal departmentalization and can be divided into two parts of rules on social security, guaranteed by national power, and those on social promotion, propelled by voluntary distribution of social members, in accordance with the attribute of payments. The patterns of charitable governance, which is subject to adjustment of social promotion rules, are characterized by legal consilience and social collegiality in concept as well as rules of private rights, responsibilities in public laws and systematization in the level of norms.This dissertation is divided into four chapters as follows:The first chapter presents the main task of legislation of charitable enterprise in China, which is mainly composed of update of charitable affairs and civil reformation of charitable enterprise. Charitable dimension should update from the traditional concept of charity to a modern one of public welfare, and further be established with approaches of listing and transparency provisions. Civility of charitable enterprise is deduced out of development rules of charitable history and basic logics of charitable governance, followed by systematic deficiency that can be solved by the civility.The second chapter, first introducing conventional classification of social rules and distinction of German and Japan in legal departmentalization, holds that the approach of legal departmentalization in all domains of social rules, employed by Japan, conforms more to systematic reality and social construction development in China. After spotting proper direction of social promotion rules in China, it figures out the concept of legal consilience and social collegiality through comparison with that of social autonomy and legal society. This concept can be embodied by governance with rules, organization and public interest standard.The third chapter deduces the attribute of social promotion to a special public law by analyzing traits of private rules and public responsibilities, and further figures out its normative patters through the connection with systematization. Private rules are comprised of freedom of donation freedom, association freedom and trust interests protection; public responsibilities include corresponding responsibilities of public power and special public power; systematization is composed of organization of charitable donation and charitable supervision.