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On The Research Of Transparency Rules In China's Charity Legislation

Posted on:2019-11-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y M I L E S ZiFull Text:PDF
GTID:2436330578972175Subject:International Law
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The official implementation of China's first "Charity Law" means that the development of China's philanthropy has officially entered the legal development track.In terms of structural system and content regulation,the structure of the"Charity Law" of the Ministry is relatively complete,with a total of 11 chapters,and the basic content related to charity is basically perfect.But this does not mean that the development of Chinese charity legislation has been perfect.From the perspective of the spirit of legislation,the "Charity Law" still has a comparatively strong administrative style compared with the extraterritorial charity law.The excessive involvement of the government in charitable causes is not conducive to the stimulation of social charity.From the perspective of specific institutions,there are certain room for improvement in the improvement of transparency rules and systems.The transparency system is reflected in many aspects in charity law,especially in charities,charitable trusts,charity information disclosure,and charity supervision and management.The United States is one of the countries with the highest level of philanthropy in the world.Its high degree of philanthropy cannot develop without perfect system construction.In terms of the construction of transparency,the charity legislation in the United States can give a good reference for charity legislation in China.By comparing the transparent systems of charitable legislation in China and the United States,it is found that there are certain deficiencies in charitable organizations,charitable fundraising,charitable trusts,charity information disclosure and charity supervision and management in Chinese charity legislation.The above-mentioned deficiencies in the transparent system of Chinese charity legislation restrict the credibility of charitable organizations and undertakings in China,affect the scientific display of charitable legislation in China,and are not conducive to stimulating the vitality of charity in China.In the long run,it is not conducive to China's philanthropy.Healthy development.At the same time,in practice,there have been events such as the "Guo Meimei Incident," "The Angel Mother Fund Fraudulent Incident," "The Chaoran Fund Challenged Incident," and the "Shenzhen Wokai Foundation Corruption Yaan Earthquake Donation Event" and so on.These events are mostly Due to the lack of transparency in charitable legislation.Judging from the perspective of legislation and practice,the transparency system in Chinese charity legislation has both theoretical and practical needs.Therefore,it is of great theoretical and practical significance to study and improve the transparency system in Chinese charity legislation.In this context,the author tries to find a solution from the perspective of the American charity legislation experience.In this article,the author will use the United States Act as a reference,first analyze the transparency rules of China Charity Law,especially its shortcomings,and then analyze the possibility of reference to the United States transparent legislation on charitable legislation,extracting from the United States of charity legislation China's legislation on transparency of charitable legislation can draw lessons from the experience.In the end,based on the experience of the United States in the legislation of charity law and the reality in China,it puts forward corresponding recommendations on the improvement of the transparency rules of charitable legislation in China and tries to find a solution that suits China's national conditions.Charitable legislation improves the path.
Keywords/Search Tags:charity law, functional rules, transparency rules, perfect suggestions
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