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Research on the Legal Regulation of the Access to the Charity of China

Author: SunZhengXin
Tutor: LiYongCheng
School: Southwest University of Political Science
Course: Economic Law
Keywords: Philanthropy Admittance Legal Regulation Appropriate Intervention Tax system
CLC: D922.182.1
Type: Master's thesis
Year: 2011
Downloads: 123
Quote: 0
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Abstract


The nation has all the traditional virtues of charity, help the weaker ones. Charity as a social undertakings, is a product of human society in the process of modernization. The charity has a public, civil society, the purpose is to achieve its social and public does not occur naturally, and thus requires government intervention, since the establishment of the Government to solve the social and public affairs. However, the exercise of any government authority must have a legal basis, moderate intervention required by law. However, in terms of the reality of our country, the charitable activities of social groups access threshold is still too high, our most charitable organizations attached to the tendency of the administrative bodies, and these are not conducive to the healthy development of the charity industry, In addition, tax the imperfections of the relevant policies and regulations also makes the intention to engage in philanthropy by Footwraps wait and see, on the whole, the current charity industry access to legal regulation still there are many defects. Based on this, the need for philanthropy legal regulatory system of the status quo visits, comparative law draw system build and improve such as start, comprehensively explore the legal regulation of our philanthropy access the, to charity industry to achieve the Government and balance between social autonomy. Articles in addition to the introduction and conclusion, is divided into five parts: The first part is a general presentation of philanthropy access system. First, what is the access system in a general sense, philanthropy access system defined; Secondly, elaborated positioning in China's political and economic system reform and the transition period for the charity industry access system. The second part is the access to the jurisprudence of the legal regulation of philanthropy and empirical analysis. Legal Analysis to analyze their access to social and public to start from the charity industry the necessity of legal regulation, and then reveal the purpose of access to the legal regulation of the charitable sector is to achieve the government intervention and social autonomy, the balance between the market; Empirical Analysis insufficient and contradictory reality of the charitable sector to grow and develop the legal regulation objective analysis of the urgency of the need for and the possibility of access to legal regulation of philanthropy. The third part is a review of access to the legal regulation of our current charity industry. This section first examines the status quo of China's charity industry access to the legislation of the legal regulation, and highlights the shortcomings and deficiencies of the charity industry access to legal regulation on this basis. The fourth part is the access to international legal regulation of the charitable sector learn from. This section first from a comparative law perspective elaborated in the United Kingdom, the United States, Canada, Singapore and China's Hong Kong and Taiwan in the charitable sector access for some of the legal regulation. On this basis, summarizes the the national philanthropy access to the legal regulation of the revelation. The fifth part of the charity industry access to the legal regulation of the building and perfect. This part of the analysis of macro ideas and practices improve the problem of access to legal regulation of philanthropy. The macro main idea elaborated philanthropy access the basic principles of the legislation, as well as the overall design of the legislation; specific practices, reform the admission tax system from the charitable nature of the organization and legal status, access to the main body of the standard of review of the charity industry, philanthropy six relations responsibilities of the charity industry self-regulation, charities and government departments, as well as access to the charitable sector legal responsibility for the Improvement of legal regulation of philanthropy access system some exploring.

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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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