"Civil Code" provides a more basic guarantee for the development of charity than the "Charity Law"，and constitute the system foundation of charity and rule of law，It also provides an important guidance for further reform and improvement of the Charity Law。

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First，"Civil Code" provides civil subject qualification protection for charity organizations and other charitable participants，and provide general private law rules for charity activities and charitable organizations。For example，Charity Organization is engaged in charity activities，Still engaged in investment such as investment，All rules of the Civil Code on Civil Affairs and Civil Affairs must be followed。Second，"Civil Code" Non -profit legal person (and illegal organization)、Gift Contracts and other rules，Provide non -profit laws for non -profit legal persons (organizations) and charitable activities as the concept of charitable organizations。Given that there is no "non -profit organization law" in my country，"Civil Code" actually partly exerts the institutional function of non -profit organization law。For charity organization，Based on its non -profit organization identity，Naturally need to comply with the provisions of the "Civil Code" on the organization of non -profit legal persons and illegal organizations。For charity activities，Based on its non -profit activity identity，It also needs to follow the provisions of the "Civil Code" on the content of the gift contract。third，Some rules of the "Civil Code" make up for the insufficient system of the "Charity Law"。For example，"Charity Law" has created a charity organization system，But it does not involve internal institutions and functional positioning of charitable organizations。and the non -profit legal person part of the "Civil Code" part of the internal governance structure of non -profit legal persons that may become charitable organizations in principle regulation，Directly made up for the "Charity Law" in the field of insufficient rules。Another example，"Civil Code" clearly stipulates that the right to donate bet365 best casino games the donor among the donors or the competent authority of the donor or the competent authority，Make up the corresponding shortcomings of "Charity Law" in external civil supervision of charitable organizations。

For this，"Civil Code" is of great significance for the current revision of the Charity Law。We should not only follow the spirit of the basic concepts and principles of the Civil Code，The system improves the conventional system of "Charity Law"，​​It should be combined with the specific system and provisions of the "Civil Code"，System Amendment "Charity Law" connectivity provisions，Therefore, to effectively play the third distribution of charity、Comprehensive help to provide a better rule of law for common prosperity。

　　Improve the conventional system of "Charity Law"

Under the perspective of "Civil Code"，Charity legal system can be divided into behavioral law、Organization Law and Regulatory Law three levels。Based on the basic concept of "Civil Code"，The conventional system of "Charity Law" can be improved from these three aspects。

First，On the behavior method，"Civil Code" especially emphasizes the autonomy of private law and freedom of behavior，Specific to the field of charity，It requires that some charitable privileges to change to the direction of civil rights，To activate the spirit of charity and promote the innovation of charity model。For example，One，relaxation of charitable public offer。"Charity Law" limited the qualifications of charity public offering in public charities，This strict control mode is likely to cause a general illegal crisis。For this，The concept of autonomy should be implemented，relax the qualifications of charity public offering;，It can be dealt with by strengthening the post -incident after strengthening the event。Its two，Create a mixed -targeted trust。The current law does not provide a special arrangement for the mixed trust of charity and other purposes，Diverse demand of donors with mixed purposes，It will also restrict the development of charity property。For this，"Charity Law" can create a mixed target type such as charitable advance trust，and clarify its establishment conditional program、Basic rights and responsibility of the parties、Regulatory subject permissions and corresponding fiscal and tax discounts。Three，Create the influential bet365 best casino games investment system for charitable organizations。Investment through influence，Charity Organization can get a certain financial return，It will also produce social interests and even directly achieve their charity purposes，to achieve organic combination of hematopoietic and blood transfusion。But the investment stipulated in the Charity Law is to maximize financial income as the target，If it is applicable to influencing investment，Then you will cut your feet and perform。For this，"Charity Law" can specially stipulate the influence investment of charity organization，Clarify its meaning standard、Obligation responsibility and policy discount，To effectively promote its standardized development。

Second，On the organization method，"Civil Code" pays special attention to the articles of association autonomy and effective governance，Specific to the field of charity，It requires the promotion of internal governance of charitable organizations from government control to internal good governance direction，To highlight the concept of organizational autonomy and reduce the cost of internal governance。For example，One，Establishing the charter superiority of the internal governance of charity organization。In practice, some articles of association demonstration texts issued by the civil affairs department mean stronger，It is easy to alienate "through the constitutional autonomy" into "regulatory by the articles of association"。In view of the "Civil Code", pay special attention to the articles of association autonomy，"Charity Law" should be implemented，Clarifying the principle of the principle of charitable organization governance is based on the constitutional autonomy，and stipulate，Except for matters required by laws and regulations，The terms of the text of the charter of the demonstration are options instead of compulsory options。Its two，Constructing a special dispute resolution mechanism for charitable organizations。In practice, conflict between the conflict between the setting up in charitable organizations occurs，seriously affecting operating efficiency。For this，Internal disputes can be resolved into the articles of association required by the "Charity Law" in the "Need Matters"，Create a special settlement Bet365 app download of internal disputes in charitable organizations involved in multiple subjects、mediation、Arbitration mechanism，to improve the efficiency of internal governance。

third，In the regulatory method，"Civil Code" attaches more importance to private rights guarantee and supervision efficiency，Specific to the field of charity，It requires the realization of charity supervision from multi -head supervision to collaborative supervision direction，To ensure private rights space and improve the effectiveness of regulatory supervision。For example，One，Between government departments and private supervisors，Promoting public and private supervisors two -way interactive cooperation supervision。In this regard，"Civil Code" at the same time empowers the donor and other private supervisors and government departments to revoke the internal institution of the donation legal person to decide，It is conducive to mobilizing the enthusiasm of private supervisors，Reduce the burden of government supervision and blind spots。For this，"Charity Law" should be implemented，Given donors and other stakeholders or competent authorities or competent authorities for civil supervision rights for internal institutions of charitable organizations。Its two，At the level of government department，Realize collaborative supervision of cross -level and cross -sector information sharing。The aspect of the autonomy of the "Civil Code" is the effectiveness of the requirements for supervision。But the existing charitable regulatory system has not fully formed a joint force between the inside of the government department and the department，Make insufficient supervision and excessive coexistence of supervision，It will cause moral risk，It is also easy to infringe private rights、Dedicated supervision resources。For this，The internal requirements of the "Civil Code" should be implemented，Strengthen the information sharing collaboration mechanism between the internal and department of the department in the "Charity Law"。

　　​​Amend the "Charity Law" connectivity provision

In addition to improving the conventional system of "Charity Law" in accordance with the basic concept of the Civil Code，It also needs to start from the perspective of system integration，The "Charity Law" convergence provisions of the "Civil Code" framework bet365 best casino games are systematically corrected，to reduce the internal conflict of the legal system，Give full play to the overall benefits of charity legal system。Specifies can be promoted from the following aspects。

First，Expand the organization of illegal persons into a new legal type of charity organization。The non -profit legal person and unincorporated organization stipulated in the "Civil Code" all have the potential to become a legal type of charity organization，and the "Charity Law" did not explicitly exclude the illegal organization outside the charitable organization。But in practice，The charity organization registered or determined by the civil affairs department is completely bound with legal person qualifications。This is not conducive to promoting community categories、Development of small and medium -sized social organizations，Also limit the increase in number of charitable organizations increase。Therefore，It is recommended to include illegal organizations clearly into the legal type of charity organization。

Second，equivalent the purpose of public welfare in the "Civil Code" with the charity purpose in the Charity Law。The Law of the Donation of Public Welfare Insurance clearly stipulates the scope of the purpose of public welfare: except for helping the poor，It also includes the cause of science, education, cultural health。"Civil Code" uses the expression of "public welfare" many times，But it does not clearly specify its scope。and "Charity Law" adopts the concept of "Great Charity"，and the institutional design of the clause of the addition of the bottom of the pocket，greatly expanded the scope of charity purpose，Make it similar to the scope of public welfare destination in laws such as the "Donation of Public Welfare Insurance"。Based on this，In order to reduce the conflict of judgment on the scope of charity and the scope of public welfare (eg，Determine that has the purpose of public welfare but does not have the purpose of charity)，It can be considered the "public welfare purpose" in charity -related laws such as the Civil Code.。

third，Binding the registration identification of charitable organizations with fiscal and tax preferential qualifications。"Charity Law" allows non -profit legal persons to freely choose whether to register as a charity Bet365 app download organization，And the qualifications of charitable organizations and fiscal and tax preferential qualifications independent。Therefore，Although non -profit legal person has charity purposes，But you can only apply for fiscal and tax preferential qualifications instead of charity qualifications。So one here，Although the legal person may constitute the public welfare legal person in the Civil Code，But it is not subject to any regulation of the Charity Law。At the same time，Except for public institutions with public welfare purposes、Foundation will have a separate administrative regulations to identify it，"Civil Code" does not have the relevant standards that determine whether a non -profit legal person constitutes a public welfare legal person。For this，It is recommended to equate the purpose of public welfare with the purpose of charity，Empowerment to obtain charitable organization qualifications automatically obtain fiscal and tax preferential qualifications，This to attract more organizations with charity purposes to be regulated by the Charity Law，Establish a de facto public welfare organization (including public welfare legal persons and public welfare illegal organizations) special registration and governance system。

Fourth，Give all charitable donors to the donor to request the donor to pay the donation property。"Charity Law" and the "Civil Code" enlightenment without donating issues are stipulated，But the provisions of the Civil Code are stricter than the Charity Law。In "Charity Law"，Only the donor promises to donate publicly in the media，or donated property for helping the poverty and other importance to the rescue economy and signed a written donation agreement，The receiver can ask for its payment。and "Civil Code" to any public welfare gift，All of the rights given by the gift to the gift to the gift。But compared to the "Civil Code" gift contract rules，"Charity Law" charity donation rules belong to the Special Law and Old Law，How to apply，quite difficult to solve。From the perspective of defending public welfare，Should be revised in the "Charity Law"，Adopt the provisions of the Civil Code to correct its provisions。

Fifth，Amended the clause of similar principles in the Charity Law according to the "Civil Code"。"Civil Code" Applicable Principles of the Remaining Property of the Public Welfare bet365 best casino games Legal，and the "Charity Law" has similar regulations for the remaining property of the charity organization，But there are differences between the two。"Civil Code" adopts the articles of association or resolutions of power agencies as priority to the surplus property that is preferred by the competent authority.，But the Charity Law does not reserve space for the resolution of power agencies。In view of the "Civil Code" is a new law，Reflecting the latest concept of legislators，It should be amended to the "Charity Law" related expression。

　　(This article is the special topic of the "Sixth Plenary Session of the 19th Central Committee of the Communist Party of China and the spiritual research interpretation of the 14th Plenary Session of the Provincial Party Committee" in Zhejiang Province Philosophy and Social Sciences. Innovative mechanism research "staged results)

(Author Unit: School of Law, Zhejiang University of Technology、Welfare and Rule of Law Research Center)