The Research Of Social Service Agencies From The Perspective Of Civil Subjects

Article 87,paragraph 2,and Article 92,paragraph 1,of the General Provisions of the Civil Law regulate the "social service agencies" and work with institutions,foundations,and social groups as the current type of non-profit legal person.What are the social service agencies in the society,who their property rights belong to,and whether they can engage in business activities are very common and fierce in the real world.Based on the relevant provisions of the General Provisions of the Civil Law and the history of the development of social service agencies,this paper combines the basic theories of non-profit corporations to study the above issues.In addition to the introduction and conclusion,the paper is divided into four parts:The first part is social service agencies produce and examine legislation.Before discussing the basic issues of social service agencies,clarifying the generation and legislative history of social service agencies can play a key and fundamental role in the following discussions.After the reform and opening up,with the rapid development of the economy and society,the "all-round government" can not meet the needs of increasingly diverse societies,thus creating the need for social organizations.social service agencies have officially emerged in this social context.In the legislative investigation,the "social service organization" experienced the change of status,name change and nature change of "private institutions-private non-enterprise units-private institutions-social service institutions",and finally the "General Principles of Civil Law" The concept of “social service agency” identifies it as a non-profit legal person and belongs to the category of “donor legal person”.There are three reasons for the establishment of social service agencies as legal persons in the General Principles of Civil Law:(1)social service agencies are already an organization type in the non-profit legal entity system,and the provisions of the law on non-profit legal persons are also necessarily limited to social service agencies;The social service organization is determined to be a legal person to facilitate post-government reform and organization management;(3)The social service organization determines that the legal person can adapt to the civil subject system framework and reduce the contradictions arising from different organizational forms.The second part is the concept of “social service institution” as stipulated in the General Provisions of the Civil Law.On the one hand,from the perspective of historical analysis,it conducts legislative investigations on the "pre-existence and life" of "social service agencies",grasps the theme orientation and nature definition of social service agencies in the whole legislative history;on the other hand,grasps "social service institutions from the perspective of interpretation theory"."The concept in the General Provisions of the Civil Law,clarifying the relationship between "social service institutions" and "private non-enterprise units",with a view to understanding the "non-profit legal person-social service institutions" stipulated in the General Provisions of the Civil Law.It is helpful to apply.The “social service organization” experienced the change of status,name change and nature change of “private institutions – private non-enterprise units – private institutions – social service institutions”.Finally,the “General Principles of Civil Law” is “social service institutions”.A concept determines that it is a non-profit legal person and belongs to the category of “donor legal person”.In order to obtain the legal person status of a social service institution,the following four elements shall be met: 1.Qualification of a donor legal person;2.Licensing according to law,subject to permission by the competent business unit to be registered;3.Public interest purpose and clear The scope of social services;Fourth,not to distribute profits to investors,creators or members.The third part is the type of social service organization.The social service agencies are classified according to the "source of social service agencies" as the standard,and they are divided into four types: first,private non-enterprise units that are legal person-type and meet the purpose of public welfare;second,in the form of private institutions Social service agencies;3.social service agencies with charitable organization attributes;Fourth,new social service agencies.At the same time,social enterprises are not social service agencies.The fourth part is about the property rights of social service agencies.On the one hand,social service agencies have property ownership.The property of a social service agency mainly consists of two parts: the property donated by the donor before its establishment and the property acquired after its establishment.Specifically,it is divided into the following parts: first,donating property;second,donating property;third,gains obtained;fourth,government funding;five,property formed by legal value preservation;six,intangible property;property.On the other hand,the restrictions on the property of social service agencies can be grasped from both static and dynamic aspects.Static restrictions on the property of social service agencies include restrictions on donated property and restrictions on capital composition.Dynamic restrictions on the property of social service agencies include restrictions on the use of property,the principle of prohibiting the distribution of profits,and the prohibition of distribution of surplus property.