Research On The Legal Person Property Rights System Of Non-State-Owned Museums

In recent years,non-state-owned museums have developed rapidly,making up for the lack of public service supply due to market failures and government failures,and have become an important civil subject in China 's social life.However,the legal research of the non-state-owned museum as a special subject is relatively lagging behind,the legal norms are low,the legal system is not perfect,and the lack of legal person property rights system has caused many problems in practice.For example,the property of the owner of the non-state museum is mixed with the property of the legal person,and the ownership relationship of the legal person 's property is not clear;as a non-profit legal person,the non-state museum insists on the principle of “prohibition of distribution of profits” and lacks related system guarantees such as tax incentives,financial support,and corporate property supervision and evaluation;Adhering to the “principle of prohibiting distribution of remaining property” without weighing the rights and interests of the organizer has led the organizer to devise laws and regulations to avoid the risk of “privatizing public property”of the remaining property.Therefore,to solve the above problems,it is urgent to strengthen the research on the property rights system of non-state-owned museums.This thesis follows the research ideas of proposing problems,analyzing problems,and solving problems.Through comparative analysis,comprehensive analysis and other research methods,based on the nature of non-profit legal persons in non-state-owned museums,we conduct research on the legal property rights system of legal persons.This thesis mainly explores through the following four chapters.The first chapter is an overview of the non-state museum legal person property rights system.It mainly includes the definition of the concept of non-state-owned museums,the analysis of the nature of non-profit legal persons and donor legal persons,and the connotation and content of the legal person property rights system.The second chapter is to analyze the problems existing in the non-state-owned museum legal person property rights system.Mainly include the problems faced by the legal person in determining the property rights when the non-state-owned museums are established,the lack of system guarantees for the distribution of operating income and property during operation,the problems faced by the practice of the residual property disposal system at the time of termination,and the incomplete legislative system of the legal person property rights system.The third chapter is an analysis and reference to the property rights system of private museums in the United States and Japan.Finally,the fourth chapter is to perfect the property rights system of non-state museum legal person.It mainly discusses from four aspects: one is the improvement of the legal person property confirmation system when the non-state-owned museum is established,especially the establishment of the rules for the confirmation of special property collections;The second is the improvement of the distribution system of operating income and property in the operation of non-state-owned museums,including the formulation of rules for operating activities,the improvement of the financial and tax support system,and the improvement of management evaluation system;The third is the improvement of the disposal system for the remaining property when the non-state-owned museum terminates.It mainly discusses the classification of the disposal system for the remaining property of non-state-owned museums and non-state-owned museums;The fourth is the improvement of the legislative system of the legal property rights system of non-state-owned museums,including the improvement of the legal system of museums,the establishment of different legal-person property rules for state-owned museums and non-state-owned museums,and the legislation of the property system of non-state-owned museums should be hierarchical and inclusive.