Perfection Of Charitable Legislation Under The Perspective Of Normative Analysis

Charitable legislation has a diligent struggling objective of promoting the charity closes to the requirements of modern charity. The legislators take the charitable legal relationship as the basis and guidance of enacting and perfecting the legislation, so they should make the comprehensive explanation for all kinds of components implied in the charitable legal relationship. The article makes the normative analysis for kinds of authority and rights configuration involved in the charitable legislation by the "Charitable Law of the People's Republic of China","The People's Republic of China's Law on the Management of the Activities of Overseas NGOs within Mainland China" and other laws,at the same time,it analyzes the text specification of charitable legislation by three types of legal elements of subject, behavior and responsibility are shared in the public laws and private laws, sorts out a characteristic theoretical venation through the text conclusion of the detailed specification of the current charitable legislation,focuses on carrying out the research of the legal implication, rights configuration and the operating effect, which can be summed generally in the below: Firstly,on the setting of charitable law subject, must pay attention to two big problems of openness and co-governance, when seeking the disadvantages of them, also provide the solutions for their remedy. On the aspect of openness, due to the current charitable law subject is too isolated, carry out the analysis mainly from the aspects of setting the doorsill of the charitable organization qualification,endowing the tax exemption qualification of subject, reasonably managing the overseas Non-Governmental Organizations and others; on the aspect of co-goverance, it is founded that the reality is existed in all kinds of problems in the governance process, and through construct the multiple subject common governance system as the perfect measure, which takes the starting point of the inner governance of charitable organization, and the active surveillance of social public as the terminal point, it includes the mutual surveillance between the covered charitable organizations,the co- surveillance by the different government organizations and the surveillance by the social organizations. Secondly, carry out the division and respective research for the behavior types of charitable law,according to the different status and functions of the beneficence subject, firstly,divide it into the social beneficence behaviors and the national promoting behaviors, and take this as the direction to further carry out the regulation for the typical behaviors in the two parts, it is detailed shown that carry out the regulation of the charitable fundraising behaviors, charitable trust behaviors and the business behaviors of charitable organizations in the social beneficence behaviors; and carry out the regulation of the tax incentives behaviors, the government purchasing behaviors and the national reward behaviors in the national promoting behaviors. Finally, make the analysis of the responsibilities of charitable law from the static and dynamic double perspective, carry out the analysis of the disadvantages of the text regulations in the charitable legislation and provide the perfect strategies from the static angle: create the litigation system of inner members of charitable organizations and the litigation system of charity and public interest from the dynamic angle,so as to provide the suggestions and strategies for the comprehensive charitable accountability system.