Research On Non-profit Principle Of Charity Law In China

The principle of non-profit was established as the basic principle by the charity law of our country.The research on the basic principles of charity law mainly focuses on the research on the principle of public welfare,and there is an academic gap in the research on the principle of non-profit.The study of non-profit principle can provide guidance for the implementation of charity law and the formulation of inferior law in China.The analysis of the functional defects of non-profit principle and the improvement of the path can provide legal guarantee for the healthy development of philanthropy in China.This paper sets up five parts to study and analyze the non-profit principle of China's charity law:The first part introduces the origin and concept of the non-profit principle.The legal concept of the non-profit principle is in a blank state.The author explores the specific connotation of the non-profit principle of charity law in China based on the source of the non-profit principle and the concept related to the non-profit principle.From the point of view of purpose,the non-profit principle prohibits organizations from making profits;From the process point of view,the non-profit principle does not prohibit organizations from engaging in related business activities;As a result,the non-profit principle prohibits organizations from distributing profits.The second part starts from the background of our country's charity legislation and legislative concept,and explains the practical factors of our country's charity law establishing the non-profit principle.First,the basic principles of charity law need to carry the content of the non-profit organization's legal regulation,and also respond to the current stage of social charity vitality needs to be inspired by the charity legal system.The second is that the basic principles of charity law should emphasize the characteristics of the folk nature of charity law,and also reflect the legislative purpose ofcharity law sharing development results.The third part starts from the function of the non-profit principle to the development of philanthropy in China,and explains the functional factors of the non-profit principle established by the charity law in China.This part mainly expounds the three functions of the non-profit principle: providing support for the realization of the rights of our citizens to collect donations for charity,providing reasonable boundaries for our government to participate in charity,and providing standards for our charity supervision mechanism.The fourth part introduces the controversy caused by the establishment of the non-profit principle in China's charity law and the legal dilemma arising from the application of the non-profit principle.The controversy mainly shows that the principle of public welfare should be regarded as the basic principle of charity law,whether it is from the research situation of charity law in China or from the practice of extraterritorial charity legislation.In order to clarify the disputes,the comparative study between the principle of non-profit and the principle of public welfare shows that the principle of public welfare is more in line with the essential characteristics of our country's charity law,and the principle of non-profit is more suitable for the requirements of our country's charity legal system at present.The establishment of the principle of non-profit charity is a phased choice.On the basis of comparing the principle of non-profit and the principle of public welfare,the author concludes that the principle of non-profit has three shortcomings.One is that the legal definition is not clear,the other is that the operability is not strong,and the third is not completely in line with the essential characteristics of the charity law.In the fifth part,aiming at the shortcomings of the non-profit principle of charity law in China,the author puts forward four suggestions.Including the introduction of relevant explanations to clarify the connotation of non-profit principles,the establishment of specialized charitable management agencies,the "regularization" of non-profit principles,and the gradual introduction of public welfare principles into the charity law.