Research On The Legal Issues Of Non Public Welfare Donation

At the present stage, the social security system of our country is not perfect. Some poor vulnerable groups cannot receive timely assistance. In order to help anyone in particular out of trouble, the people sponsor a kind of benevolence spontaneously that is not the same with Social donations for public welfare, which is called Social donations for non public welfare. Because of the convenience of initiating methods, the flexibility of organization activities and the high efficiency of the final effect, Social donations for non public welfare have been praised highly, meanwhile, the positive effect at the helping individual in specific difficulties supplements the defects of social donation system and social security system of our country. However, being not perfect of the relevant legislation in our country and not forming a unified view in the theoretical circle on the legal nature of Social donations for non public welfare make the practice of contradictions and disputes emerging in an endless stream.This paper discusses about the body of non public welfare social donation is divided into three parts. With basic concept of Social donations for non public welfare as the starting point, the first part introduces its basic characteristics to distinguish with social donation. And then the author introduces several different views from the theory circle for the legal nature of Social donations for non public welfare, at the same time, the author also comments the merits and defects for each view. Through the systematic analysis, the author claims Social donations for non public welfare is private trust behavior of a tacit presumption. The second part focuses on the main problems in Social donations for non public welfare of our country. In order to make this content more easily to understand, some problems are complemented by a classic case of concrete. In the third part, the author draws lessons from some principles and system in reference to trust to put forward the measures to solve the focus problems. The author hopes that these measures can play a positive role on the proper settlement of related disputes in the Social donations for non public welfare.