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Researching on Social Contribution Property Ownership Ascription

Author: GanZuoZuo
Tutor: JiangZhanJun
School: Huazhong University of Science and Technology
Course: Legal
Keywords: Social contribution Private trust Surplus money Cy-presdoctrine
CLC: D922.182.1
Type: Master's thesis
Year: 2010
Downloads: 66
Quote: 0
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Abstract


Social contribution is a new business in modern society that often occur in our social life, due to the poor and disadvantaged groups in our society abound, and the social security system not very good, which makes social contribution become more and more important into the individual aid. But at present in China, owing to there not being corresponding law, and different opinions exit into the theorists, many conflicts and disputes has produced unceasingly, a series of problem that social contribution property ownership ascription has also aroused society’s broad attention. These problems have not only injured the loving heart of the donors, and are also very unfavorable to the development of society’s donation cause, and the purpose of writing this paper just is seek solutions to these problems, by the in-depth analyze the legal nature of social contribution.The first part is the outlined of a case, by introducing the case, then explain the difference caused by the controversial case, and briefly describes the core point of controversy.The second part starts from the different views on the legal nature of social contribution in recent years, Summarized description of several mainstreams and analyzing it. After that, with the principle of the trust relationship analysis the behavioral characteristics, that the social contribution has meet the trust system in fundamental structure and intrinsic characteristics, and drawing on common law principles of implied trust, combined with the characteristics of private trust, suggest that social contribution referable to Private trust and implied trust.The third part introduced the foreign trust law’s different sanctions provisions on social contribution property, suggested that deal the property should consider non-profit in social contribution, and the specific purpose of the contributions of donors, therefore should learn the principles of public trust in the surplus balance in order to better achieve the intent of social contribution.The fourth part proposed some legislative suggestion on the legal system of social contribution, and suggested set up social contribution supervision mechanism to protect the healthy development of the social contribution.

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CLC: > Political, legal > Legal > Chinese law > Administrative law > The Home and Social Security, Service Management Act > Home Service Management Act
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