| The foundation belongs to the "donation-based legal persons" created by the General Provisions of the Civil Law,and it is a kind of" Non-profit Legal Persons".The value of the consortium is not only to engage in welfare activities,but also to protect the donor’s will to donate.The General Provisions of the Civil Law leaves room for interpretation of the position of the Council,while the Regulation on Foundation Administration clearly defines the Council as a "organ of authority",which is not only different from the legislation of the main countries of the civil law system,but also does not conform to the institutional value of the foundation,thus it is difficult to adapt to the development of the foundation.This article conducts a legal analysis of foundations,clarifies the problems existing in the foundation’s property rights structure and organizational structure based on the foundation legislation of the two major legal systems,and attempts to make suggestions for the improvement of foundation governance in China.The first chapter analyzes the subjective positioning of the foundation in China.Based on the investigation of the historical origins of the foundation in the civil law system and the common law system,it sorts out the historical change process of the foundation in China,clarifies the subjective positioning of the foundation in China,and provides the basis for the analysis of the internal problems of the foundation.The second chapter analyzes the property and property structure of the foundation.The property of foundation comes from donation behavior,which determines that foundation has the property of non-profit and non-distribution,which is one of the reasons that its property structure is different from that of for-profit legal person.The third chapter starts from the organizational structure of the consortium,and finds out the problems of the organizational structure of the foundation in China.There is no state regulation that consortia need"authority" at present,but the "executive body" is the necessary organization.However,the power of the council in the foundation in China obviously enjoys part of the power exclusive to the authority.The fourth chapter,puts forward suggestions on ways to improve the governance of China’s foundations,based on the legislation of foundations outside China and the development status of China’s foundations,which mainly include the enhancement of institutional norms,the improvement of property rights structures,the repositioning of councils,the reconstruction of supervision institutions and so on. |
