A Research On Legal Issues Of The Legal Persons Of Donors In Social Assistance

The social assistance system play an important role in the social security structure.The government has an obiligation to participate in social assistance cause,but relying on the state alone cannot pursue the best benefits of social assistance.The participation of social forces in social assistance not only has legal support,but also the actual needs of social assistance.As a major force in social forces,donors and legal persons play their own advantages and help to increase the benefits of social assistance.In participating in social assistance,the behavioral attributes of the legal persons of donors should conform to the purpose of public welfare and satisfy their own logical self-sufficiency,and continuously optimize the rational allocation of social assistance resources with direct and indirect participation paths,and promote the innovation of social governanceAccording to the current law,a non-profit legal person who is legally registered and has legal person conditions for the purpose of public welfare can be refined into three categories:foundations,social service organizations and religious service places.Speciality in operation should be studied exclusively.The legal persons of donors composed of the foundation and social service organizations is active in the field of social assistance,and the legal problems that arise are also urgently needed to be resolved.In the establishment stage,the constraints of management system and access conditions have restricted the participation of the legal person of donors in the development of social assistance.In addition,the role of donors and governments has not been clearly defined,and the revision of laws has not defined the society.The essence of salvation is that the legal person of donors is frustrated by the eligibility and functionality.In the operational stage,despite the complicated legal documents,the internal governance and withdrawal mechanism of donor corporations is still not mature enough,and the allocation of social assistance resources is unreasonable.It is difficult to make a leap from survival to development by donating legal person participation in social assistance.In terms of government guarantees,the government's purchase of social assistance and tax regulation is the two major tools for the government to guarantee the benefits of donor legal aid.However,the sharp weapon has not been sharpened,and the government guarantee function has not promoted the participation of donors in social assistance.In terms of government regulation,the rescue fund is the most important rescue basis for the legal persons of donors.However,extensive supervision reduces the effectiveness of donor legal persons in participating in social assistance,and the related main functions are misplaced,powers and responsibilities are unclear,and social problems are frequent.The issue of legal issues does not deny the effectiveness of the legal persons of donors in participating in social assistance.Combining China's national conditions and transplanting outstanding legal results outside the territory,it is the key to solving these legal problems.First,reshape the essence of social assistance.In the future legislation,the meaning of social assistance should be clarified.The legal persons of donors should distinguish the definition of poverty according to the characteristics of social assistance,and participate in social assistance with different payment standards.Secondly,improve the operation and exit rules of the legal persons of donors to participate in social assistance.Strengthen the independent status of the legal persons of donors in social assistance,clarify the powers of various subjects in the internal governance system of donors,learn from other laws to improve the withdrawal rules of donors,and improve the environment for donors to participate in social assistance from both inside and outside.Again,establish a coordination and information sharing mechanism.Taking the main contradiction of the new era society as an opportunity,deepen the transformation of donors' legal participation in social assistance from survi'val to development,and realize the sharing of social assistance information through the organic series of various links of rescue information.Repeatedly,reorienting the government's legal status and implementing the government's obligation to protect donors9 participation in social assistance.In the purchase of social assistance service contracts,different legal relationships have arisen.The government should be a combination of rights and obligations.In the formulation and implementation of tax incentives,improving tax incentives and implementation rules will not only help donors to participate better.Social assistance is a continuation of the government's rescue function.Finally,strengthen the participation of donors in the supervision of funds in social assistance.The supervision of the donor legal aid fund should be based on optimizing the effectiveness of the rescue,realize the regulatory intensive transformation,rationalize the relevant subject supervision authority,clarify the scope of responsibility,and promote the steady development of the legal persons of donors to participate in social assistance.