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Legal Research on Philanthropy

Author: ZhuXiuMin
Tutor: GeMingZhen
School: Shandong University
Course: Legal
Keywords: Charity culture Of love Original sin Charitable legal relationship Tax incentives
CLC: D922.182.1
Type: Master's thesis
Year: 2011
Downloads: 149
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Abstract


Since the reform and opening up, with the establishment of the market economy, China's economic development has made remarkable achievements. International status and overall national strength has been greatly improved. However, the economy continues to grow at the same time, some social problems are emerging, such as the gap between the rich and the poor widened further, growing polarization, the social security system is not perfect, natural increasingly serious problem. In order to solve these social problems, the Fourth Plenary Session of the Party Congress explicitly put forward the goal of building a socialist harmonious society, charity is an important part of building a harmonious society. In 2006, Premier Wen's government work report on two of the country at the same time clearly put forward to support the development of philanthropy \That the Government of the importance of philanthropy. Coupled with recent years, China's frequent occurrence of natural disasters such as the earthquake in 2008, 2010, Gansu Zhouqu large debris flow. These natural and social problems are intertwined, in this case rely solely on government social security system and the implementation of the relief system is not sufficient to effectively address these challenges, and with the rapid development of China's economy, the general public, especially the first get rich part of groups more vulnerable groups should be concerned about the current social and public welfare undertakings. At the same time, in September 2010, Bill Gates and Warren Buffett held in China Bobby charity dinner, which in turn caused the majority of the public discussion of the question of charity, philanthropy in China has just started and there are many problems of the current situation, I hope that through this article the concept of the word carefully combing charity, philanthropy and charity organizations, simultaneous contrast the Western charity ideas, as well as charitable legal relationship in-depth analysis, to provide better historical reference for the development of philanthropy in China and extraterritorial experience, the problems encountered in the process of the development of philanthropy in China to put forward practical measures and legal advice, to correct the past, China's legal issues that arise in the field of charity, as well as the development of philanthropy to provide a complete feasible legislative basis. This thesis is divided into four parts, the first part of the three discussed in Section 1 discusses the origins of the charity culture. This section, the use of comparative research methods, introduced the charitable and cultural origins of China and the West. For charitable and cultural origins of our country, the author focuses on charity issues involved from Confucianism begin to expand. Confucianism charitable thoughts on love \Then I also introduced China's ancient Taoist and Buddhist discussion of the question of charity to such as the Taoist Shangshanfawu and Buddhist theory of poetic justice. Mainly from the Christian \Charitable and cultural origins of the contrast in the West charitable thinking of the Western in origin and generated on the basis of differences, but both are the same in real terms as a member of the human community, anyone can see that should not be the fate of others indifferent. Section II of this part of the analysis is the concept of the word \The third part from the meaning of charity, features, and classification of charitable organizations in detail. The second part of this article discusses the charitable legal relationship, also divided into three sections. The first section is the subject of legal relations of the charitable interpretation. Promoters involved in charity subject of legal relationship, donors, beneficiaries, supervision Quartet subject specific discussion. Especially in the main parties qualify for special conditions, limited object, qualifications, finds ways to qualified basis, etc. In this section analysis. Section II discusses on charitable object of legal relations, focusing on a range of of charitable legal relationship object as well as the range of the object defined principles discussed. The third quarter to explain the for charitable legal relationship between the main rights and obligations. This is the focus of this chapter, because only a clear definition of the rights and obligations of the parties, in order to avoid disputes, clear the parties obligations charitable legal relationship, enjoy the right. The third part of the for charity development dilemma such as the laws and regulations on charitable not perfect, does not give full play to the role of tax incentives for charitable development, excessive intervention of the government charitable organizations for analysis. At the same time in this chapter, second by comparing the development gap between China and the United States in the field of charity in order to summarize the reasons for China's charity development into a corner. This chapter for charity development into a corner reasons were analyzed and summarized to Chapter IV presents good legal advice to pave the way. In the last part of the author of this article from nurturing a culture of philanthropy to clarify the relationship between government and charities, and improve the tax laws and regulations in order to give full play to the incentives of the tax mechanism, strengthen the supervision of charitable organizations, the perfect solution charity dispute resolution mechanism proposals, hoping to provide the legislative basis for the development of philanthropy in China. In this paper, the research methods are: First, the comparison method, for example, the first chapter Introducing charitable and cultural origins through charitable and cultural origins of Western comparative analysis, to explore the two sides in the charitable ideological origins and Faren based on the similarities and differences. The third part of this article in the analysis of charity into a corner with a comparison method by comparing the development gap between China and the United States in the field of charity to find out the reasons of charity into a corner. Case analysis, Guangxi Hengxian to the Inland Revenue Department contributions their employees afterglow, the remaining ability to inherit the case \We also use to understand the interpretation of empirical research methods, and so on. The writing of this thesis, the trigger point is recent years charity donation fraud frequent incidents highlight the charity in the field of legislation, there are many problems at the same time due to the Jet Li One Foundation obstacles encountered in the development process lead to intensive coverage in the news media, Barbieri charity dinner held in China last year attracted wide public hot. At the same time the nearest continent's pre-eminent the Chen cursor Taiwan Charity Walk encountered controversy. So I decided to write this article, in the hope that the question of charity systematic exposition, careful analysis of the charity in the legal relationship between subject, object and content, contrast Sino-US charitable development gap into a corner to find out China's charity development. to put forward practical legal advice and response measures to protect China's charity industry healthy and rapid development. Also in order to facilitate the construction of a harmonious society.

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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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