My Country's Charity Fundraising Legal System Problems And Countermeasures

Charitable fundraising is a behavior in which the relevant entities raise property and allocate resources in the charity field.Through the process of fundraising,management and distribution of property,it is a very important means in the development of charity.The whole fundraising process is divided into the stage of raising property and the stage of allocating property,involving three legal subjects,and the rights and obligations of each entity are different at different stages.The legal relationship in charitable fundraising has certain special characteristics due to the social and charitable nature of fundraising,which is mainly reflected in the relevant subjects of fundraising and their rights and obligations.Charitable fundraising needs to meet the requirements of compulsory norms and social public interests.It is a combination of social law and private law free will.Social law and private law should be used to jointly regulate the legal relationship of charitable fundraising.However,China*s charitable legislation is at an early stage and has not yet formed a complete legal system for charitable fundraising.The charity law at the central level is not mature enough,and the local level has different legal regulations.There is a lack of coordination between the upper and lower levels.This is one of the difficulties faced by the legal system of charitable fundraising in China,The long-term lag of the legal system of charitable fundraising in China has led to endless problems in the field of fundraising.The introduction of the Charity Law of the Peopled Republic of China(hereinafter referred to as the "Charity Law")has established the basic framework for the construction of China's charitable fundraising legal system,but it has also brought many new problems.From the current point of view,the legislation imposes strict restrictions on fundraising entities.The subjects that can be fundraised are limited to charitable organizations,and individuals are not allowed to make public fundraising.China's access to charitable organizations adopts a combination of recognition and registration systems.The establishment of charitable organizations under this model has the suspicion of narrowing the scope of social organizations,and there are certain shortcomings in the rules of the combination.Although charity law prohibits the government from carrying out fundraising,the administration of fundraising entities is still serious.In addition,charitable organizations' public fundraising activities are subject to public fundraising qualifications and geographical restrictions,which not only limits the charitable organization's fundraising rights,but also hinders the acquisition and rational distribution of charitable resources.Information disclosure is particularly important in cases where public fundraising qualifications are difficult to obtain and subject administrativeization is serious,but the current information disclosure system in China is not complete.Incentives for charitable fundraising are also insufficient,mainly in the areas of limited tax incentives,strict tax incentives,and lack of preferential systems and related rules.To improve the legal system of charitable fundraising in China,the first priority is to improve the fundraising system by lowering the threshold for charitable fundraising,expanding the scope of charitable donations,removing the administration of fund-raising entities,and increasing the regulation of professionals.It is a realistic requirement to realize the legalization of fundraising procedures and methods of fundraising as soon as possible.China urgently needs to remove the restrictions on geographical scope at the system supply and execution level,strengthen the filing system of local charity management departments,and replace the licensing system with the filing system to liberalize the public offering qualification.After liberalizing the qualifications of the main body,it is necessary to strengthen the supervision and management of the government and society,improve the tracking mechanism of fundraising assets through legislation,optimize the information disclosure system and establish a multi-regulatory model supplemented by govermment supervision,industry organization and social supervision.Of course,the sound fundraising incentive mechanism and the legal accountability mechanism are also the current legislative needs to respond.In view of the ambiguity and generality of the Charity Law,the country should publish the implementation rnles as soon as possible to provide operational standards for the implementation of the system.