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A Study On The Problem Of Charity Corruption

Posted on:2021-01-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y X LiuFull Text:PDF
GTID:2416330647450424Subject:Legal theory
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Reform and opening up policy has opened the door of China to the world and promoted revolutions in the economic,political and social fields.Since the 1980 s,China's charitable organizations have surged in quantity.They have played an important role in health care,science,education,culture,social assistance and other aspects.At the same time,China's charity corruption scandals have been exposed successively.Charity corruption reduces the credibility of charity and hinders the further development of charity.This paper concentrates on the issue of charity corruption and analyzes it with the methods of literature analysis,methods of comparative research and causal methods.The paper consists of the following three parts:In the first part,the concept of charity corruption is defined,and the performance of charity corruption is typified.By studying the concept of corruption and combining with the nature of the power of charitable organizations,this paper defines charity corruption as the behavior that violates the purpose of public welfare and abuses the power.According to its behavior and range of the action,it can be divided into direct-internal corruption and indirect-external corruption.In the second part,the causes of charity corruption are discussed.First of all,the unclear property rights of the charitable property provide the room for power rent-seeking.The property right of charity property reflects the separation of entrustment right,residual control right and residual claim right,the lack of a complete owner,and the ambiguity of the beneficiary right subject,which leads the charity property into the "tragedy of the commons".Secondly,the monopolization of resources by government-run charitable organizations provides the opportunities for the abuse of power by the excessive expansion of public power in the charity organizations.Furthermore,the power of charity organizations lacks effective supervision mechanism,which makes it difficult to curb the trend of charity corruption.The imperfect charity supervision mechanism reflects the pattern of "emphasizing government supervision and neglecting social supervision".Government's regulatory supervision,and the lack of social accountability system lead to the failure of supervision.In the third part,the solutions of charity corruption which is suitable for Chinese national conditions are put forward.The first is to perfect the property right system to overcome the problem of "absence of owner" and the ambiguity of residual control right.Second,promote the reform of government-run charitable organizations to separate the government from government-run charitable organizations and create a level playing field.In addition,the supervision system should be improved.Further,optimize the allocation of supervision power and reduce the burden of administrative supervision,and establish social accountability tools.Finally,utilize judicial remedy procedure to protect the charity property,and protect the rights of donors and beneficiaries,and prevent the infringement of charitable property.
Keywords/Search Tags:charity, donation, charity corruption, public welfare
PDF Full Text Request
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