| Donation legal persons have made contributions to charity work and public service,and become necessary supplement to the government function in public welfare.Donation legal person,compared with profit-going legal person,has its particularity,for example,owner absence,difficulty in assigning stakeholders,being difficult to quantify the state of operation and being sensitive to external factors.As a result,the governance mechanism of donation legal persons is also particular.Therefore,it is helpful to explore to establish a supervision mechanism which adapts to the features of donation legal person,so as to create a better environment for the development of donation legal person and promote charity work and public service in China.Meanwhile,it can make the Civil Code merge into other laws and regulations about the governance mechanism of donation legal person,in order to improve the systematism.The history of the governance mechanism of donation legal persons shows problems,such as the scattered structure of law,private law governance starting late,the administrative control being too strict,opaque of information,chaotic financial management and lack of effective supervision mechanism.In practice,the generation of disputes related to the donation legal person is also closely related to the imperfect governance mechanism.Therefore,it is necessary to build a sound risk prevention and control mechanism to prevent all kinds of risks that may occur in the operation of the donation legal person,so as to prevent the generation of conflicts and disputes.Meanwhile,empirical analysis shows that when the court tries the disputes related to donation legal person,there are some dilemmas,such,as the lack of plaintiff to bring a lawsuit,the deviation of the court's cognition of donation legal person,the use of"reference application" lack of a unified judgment standard and "conflict" with the administrative power,which lead to the judges being at a loss when handling such cases.Therefore,the design of the dispute resolution mechanism is also essential in the construction of the donation legal person governance mechanism It is necessary to analyze the causes of disputes,and explore multiple dispute resolution paths to resolve the donation legal person disputes in a timely manner.This paper is divided into four chapters,the content is as follows.The first chapter takes the general theory of the governance mechanism of the donation legal person as the starting point to clarify the connotation of the donation legal person and its governance mechanism,the institutional value of the legal governance of the donation legal person and the particularity of the governance of the donation legal person,which lays a foundation for the discussion of the following paper.The second chapter,through comparative law investigation,investigates the financial consortium legal person system of Germany and Japan and the non-profit organization system of the United Kingdom and the United States,analyzes the contents that can be used for reference,and draws the enlightenment for the governance of donation legal person in China.The third chapter starts from the historical logic of donation legal person governance model in our country,combs the current legal provisions related to the donation Legal person governance,and grasps the orientation of the Civil Code on the donation legal person governance.On this basis,combined with the operating status of the donation legal person governance mechanism,the current institutional arrangements are reviewed,and the deficiencies of the donation legal person governance mechanism are summarized.The paper puts forward that the governance of donation legal person needs to balance the relationship between administrative control and private law autonomy,and the relevant regulations need to be refined,and puts forward suggestions on the construction of the risk prevention and control mechanism.The fourth chapter makes a type analysis of the cases related to the donation legal person-Through the study of the court's judgment documents,the article tries to find the causes of the disputes in the governance process of the donation legal person,as well as the difficulties existing in the judicial practice,and proposes that the disputes in the governance process of the donation legal person need to be resolved by means such as dispute diverging,opening up the relief channels of litigation and mediation.The conclusion is to improve the governance mechanism of donation legal person from two aspects of risk prevention and control and dispute resolution. |
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