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The Research on the Legal Regime of the Foundation

Author: YuanXingJuan
Tutor: XiaoHaiJun
School: Hunan University
Course: Legal
Keywords: consortium legal person foundation internal manage directorate double manage system
CLC: D922.28
Type: Master's thesis
Year: 2008
Downloads: 579
Quote: 9
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Abstract


As economic system is undergoing reforms in our country, actively developing welfare projects becomes a significant issue in the process of social transformation. Foundation which poses as the young but vigorous one in China’s welfare projects came into being late with deficient systems in our country. In an age of fast economic growth, nevertheless, development of foundation in China bears objective demands and practical urgency. To follow the trend of globalization and development of socialist market economy, we should reinforce construction of foundation legal systems starting from China’s reality, and in combination of construction of democracy and legal systems. Thereby we could provide integrated legal system for foundation sustaining development.To construct integrated foundation legal systems, we must firstly analyze basic legal theories related to foundation, including its legal status, internal legal relationships and division of its stylization. Based on thorough analysis of its basic legal theories, we should focus on study of foundation’s legal nature, governance and supervision model, then with reference to theories from Continental Law System and Common Law System, put forward feasible legal advice for our country’s foundation legal nature, and its governance and supervision model.As to foundation’s legal nature, we should inherit our country’s long history philanthropy tradition, and meanwhile refer to practices in America law. Specifically, two forms are adoptable, that is, except the form of consortium legal person, we can also admit special subjective position of unincorporated foundation to which regulations of incorporated foundation can be applied in judicial practice. Such way is more helpful to foundation’s development.In regard to foundation’s governance model, we should make efforts to improve management and operation level. On the one hand, directors of the board into which more professional talents should be introduced are supposed to handle well management affairs; on the other hand, better fund increment way should be chosen. And currently, the appropriate way is setting up charitable trust.Referring to foundation’s supervision model, we have to improve its external supervision system, clarify power and duty between registration departments and supervision departments, and build up strict accountability system. Moreover, the judicature department’s supervision should be reinforced.As construction of legal system is promoted further in our country, the construction of foundation legal system will be provided with better surviving environment. Foundation will develop stronger only if we can construct integrated foundation legal system with focus on governance and supervision.

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