Study On The Attribution Of The Surplus Property Of Social Donations

As a social activity,social donation has a large number of parties involved,so it is very easy to create a lot of legal problems during the fundraising process.The most common should be the dispute between the solicitation parties arising from the ownership of the surplus property of the society.Under the background of the establishment of charity law,charitable giving,which is based on public welfare collection and public trust,has come a long way.However,social donations to help a particular object private interest but has no clear legislation to regulate,academia and the nature of social donations social donations remaining property belongs there is a dispute,respect the court in judicial practice according to the applicable law is inconsistent and even,the phenomenon of the different connection with the sentence.Therefore,it is very necessary and valuable to study the ownership of surplus property.Through four parts,this paper discusses the ownership of surplus property.The first part of this article is summary of social donation remaining property,the first part of the meaning of social donation classification,characteristics of process and illustrates the related concepts of social donations,on this basis,the social donation remaining property is defined.At the same time,the scale of the remaining assets of the society is explained,and the amount of the remaining property of the society is increasing,which also reflects the necessity and practical significance of this research.This part is to solve the problem that the social collection surplus property belongs to to make the foundation.The second part of this paper is to analyze the current situation of Chinese legislation and judicial practice and point out the existing problems.First in the existing legislation on social donation remaining property ownership 1s not very clear applicable rules,the property law,contract law,public welfare donations act and charity law to determine social donation remaining property ownership has its limitations.Different courts have different rulings because of the different laws,and the "same case" phenomenon also happens frequentlyThe third part of this paper is to analyze the theories of the remaining property belonging to the academic community and put forward the viewpoint of this paper Academics on the main existence returned to the donor community fundraising remaining property ownership,belonging to the beneficiary and used in other similar USES these three different point of view,these three point of view and in different theory as theoretical support.If some scholars consider the social donation as the general gift contract,according to the provisions of the gift contract,the remaining property should belong to the recipient,that is,the beneficiary beneficiary.And other scholars put forward conditional gift contract,said the theory of social donations for giving reason disappear and the possibility of remaining property belongs to the conditional gift contract attached conditions cannot be accomplished in the case,the residual property shall return the donors.In the third part,the author puts forward the viewpoint of this article after analyzing the different theories about the ownership of the surplus property of the society.The fourth part of this paper is based on the theoretical analysis of the proposal to improve the ownership of surplus property.This part of the contract law and trust law by modifying existing legal provisions and adding new legal provisions to improve China's social collection of surplus property to make concrete proposals.