| With the implementation of the Charity Law of the People’s Republic of China and the promulgation of policies and regulations such as the Measures for the Administration of Charitable Trust(CBRC [2017] NO.37),the rule system of charitable trust in China has been basically established.After the implementation of the Charity Law,the charitable trust simplifies the filing process,clarifies the filing organization,and has a more scientific and reasonable institutional arrangement.The charitable trust has become one of the important forms of social finance because of its functional advantages such as simple establishment,flexible operation,independent property and bankruptcy protection.It represents the development direction of new charity and plays an important role in promoting the development of charity.The innovative reform in the field of finance and charity in Shenzhen is in the forefront of the country,and a lot of work has been done in the policy preparation and practical exploration of charitable trust from 2014.As of October 2019,only 6 charitable trusts have been filed by Shenzhen Civil Affairs Bureau.The total amount of charitable trusts is small,and they are all fund trusts of single trustee,the cumulative amount of trust funds is 83.1899 million.The charitable trust in Shenzhen has not,as we had expected,witnessed explosive growth in the number and play a huge role in the field of charity.Therefore,it is of great theoretical and practical significance to study what problems exist in the operation of charitable trust in Shenzhen and how to solve them to promote the sustainable and healthy development of Charitable Trust in Shenzhen.Based on the principal agent theory,this paper takes the charitable trust filed in Shenzhen Municipal Civil Affairs Bureau as an example.And this paper analyzes the present situation of the development of charitable trust in Shenzhen by using the methods of literature analysis,interviews,multiple case studies and field observation,analyzes the problems in the operation of Shenzhen charitable trust from two dimensions: First,from the analysis ofinternal governance structure and operation mechanism,charity trust in Shenzhen mainly has problems such as internal operation is not smooth,the trustee of charity organization is limited,agency cost is higher than agency income,the ability of maintaining and increasing value of charity assets is weak,and the internal risk management and control system is not perfect and so on.Second,from the analysis of external governance environment,there are some problems in charitable trust in Shenzhen,such as insufficient policy support for the development of charitable trust,weak role of government in guiding and promoting charitable trust,inadequate supervision,and insufficient role of industry organizations.In order to solve these problems,make charitable trust in Shenzhen perfect day by day in establishment,operation,supervision and so on,giving full play to the role of charitable trust in gathering social wealth,improving people’s wellbeing,building charity culture and promoting the development of charity,this paper analyzes the causes of the problem and puts forward practical policy suggestions: First,improve the system of charitable trust.Second,strengthen the self construction of charitable trust.The third is to give full play to the role of the government in the development of charitable trust.The fourth is to establish a good information disclosure and communication mechanism.The fifth is to build a multi regulatory system. |
