On The Governance Structure Of The Donation Legal Person

Although the donor legal person system has been established in the General Principles of the Civil Law,its provisions are more general.The specific provisions still refer to the "Regulations on the Administration of Foundations" and the "Charity Law" of the nature of social law with administrative norms,and their relevant provisions.Whether there is a basic theory that is contrary to the governance of private legal persons,how to ambiguously address the issue of the board of directors named "decision-making body" among donor legal persons,and the private law construction of the corporate governance structure of donors has a long way to go.Based on the previous studies on the governance structure of the legal person and the non-profit legal person,this paper comprehensively applies the comparative analysis method,the normative analysis method and other legal research methods to study the governance structure of the donor legal person,and believes that it is based on the will of the donor.The Council of Donor Legal Persons named "Decision-Making Organs" in Article 93 of the General Principles of Civil Law can be located either in the meaning-determining body or in the meaning-representing body.For the supervision of donor legal persons,the method of internal and external assistance should be adopted.The key of internal supervision lies in the effective implementation of the supervision function of the board of directors.The key of external supervision lies in the premise of ensuring the autonomy of donor legal persons.The functions are effectively played.From these two aspects,the author explores some problems encountered by the two in the process of exercising supervision,and puts forward feasible suggestions.