The "Civil Code" provides a more basic legal guarantee for the development of charity than the "Charity Law",And constitutes the institutional basis of charity rule of law,Also provides important guidance for the further reform and improvement of bet365 bonus code louisiana。
"Civil Code": the institutional basis of bet365 bonus code louisiana legal system
1st,The Civil Code provides civil subject qualification protection for charitable organizations and other charity participants,And provide general private law rules in the field of civil society for charitable activities and charitable organizations engaging in other civil activities。For example,Charitable organizations whether engaged in charitable activities,Still engaged in investment and other profit-making activities,All must follow the general rules on civil subjects and civil activities in the Civil Code。Second,Civil Code Non-Profit Legal Person (and Unincorporated Organization)、Rules for gift contracts and other matters,Provides private law rules in the non-profit field for non-profit legal persons (organizations) and charitable activities as the upper concept of charitable organizations。Given that there is no “Non-Profit Organization Law” in our country,The Civil Code actually partially fulfills the institutional functions of the Non-Profit Organization Law。For charitable organizations,Based on its nonprofit status,Of course, we need to comply with the provisions of the Civil Code on non-profit legal persons and unincorporated organizations。And for charity,Based on its non-profit status,It is also necessary to follow the provisions of the Civil Code on gift contracts and other contents。Third,Some rules of the Civil Code make up for the institutional deficiencies of bet365 bonus code louisiana。For example,Although bet365 bonus code louisiana created a charitable organization system,But it does not involve the internal structure and functional positioning of charitable organizations。The non-profit legal person part of the Civil Code regulates in principle the internal governance structure of non-profit legal persons that may become charitable organizations,Directly makes up for the shortcomings of bet365 bonus code louisiana in this field。Another example,The Civil Code clearly stipulates the civil supervision rights of donors and other interested parties or competent authorities in donation legal persons,Make up for the corresponding shortcomings of bet365 bonus code louisiana in terms of external civil supervision of charitable organizations。
In view of this,The Civil Code is of great significance to the current revision of bet365 bonus code louisiana。We should follow the basic concepts and principles of the Civil Code,Systematically improve the regular system of bet365 bonus code louisiana,It should also be designed in conjunction with the specific systems and provisions of the Civil Code,Systematic amendments to the coherence provisions of bet365 bonus code louisiana,In order to effectively play the third distribution role of charity、Comprehensive support for common prosperity and provide a better legal environment。
Improving the regular system of bet365 bonus code louisiana
From the perspective of the Civil Code,Charity legal system can be divided into behavioral law、Three levels of organizational law and regulatory law。Based on the basic concepts of the Civil Code,The regular system of bet365 bonus code louisiana can be improved from these three aspects。
1st,In behavioral law,The Civil Code particularly emphasizes the autonomy of private law and freedom of conduct,Specifically in the field of charity,It requires the conversion of some charitable privileges into civil rights,To activate everyone’s philanthropic spirit and promote charity model innovation。For example,One,Relax charity public fundraising qualifications。bet365 bonus code louisiana limits charitable public fundraising qualifications to public charity organizations,This strict control model can easily lead to widespread illegal crises。For this,The concept of autonomy should be implemented,Relax charity public fundraising qualifications;As for serious illegal activities such as fraudulent donations,Can be dealt with by strengthening supervision during and after the event。Part 2,Creating a mixed purpose trust。The current law does not provide special arrangements for mixed trusts for charitable and other purposes,Unable to meet the diverse needs of donors with mixed purposes,It will also restrict the scale of charity property development。For this,bet365 bonus code louisiana can create mixed-purpose trust types such as charitable advance trusts,And clarify the procedures for establishing conditions、Basic rights and responsibilities of the parties、Supervisory subject authority and corresponding fiscal and tax benefits。Part 3,Creating an impact investment system for charitable organizations。Through impact investing,Charitable organizations can receive certain financial returns,It will also produce social benefits and even directly achieve its charitable purpose,Thus realizing the organic combination of hematopoiesis and blood transfusion。However, the investment stipulated in bet365 bonus code louisiana aims at maximizing financial returns,If its provisions were applied to impact investing,Then you will cut your feet to fit the shoes。For this,The "Charity Law" can specifically provide for impact investment by charitable organizations,Clear its meaning standards、Obligations and preferential policies,To effectively promote its normative development。
Second,In terms of organic law,The Civil Code attaches special importance to constitutional autonomy and effective governance,Specifically in the field of charity,It requires promoting the transformation of the internal governance of charitable organizations from government control to internal good governance,To demonstrate the concept of organizational autonomy and reduce internal governance costs。For example,One,Establishing the superiority of charters for internal governance of charitable organizations。In practice, the model articles of association issued by some civil affairs departments have strong regulatory implications,It is easy to alienate "autonomy through charters" into "control through charters"。In view of the fact that the Civil Code attaches special importance to constitutional autonomy,bet365 bonus code louisiana should be implemented,Make it clear that the governance of charitable organizations is based on the principle of autonomy by charter,And regulations,Except for matters required by laws and regulations,The clauses in the model charter text are optional and not mandatory。Part 2,Constructing a special dispute resolution mechanism within charitable organizations。In practice, conflicts between internal organizations of charitable organizations often occur,Seriously affecting operating efficiency。For this,Internal dispute resolution can be included in the "matters that need to be stated" in the charter required by bet365 bonus code louisiana,And create a special settlement of internal disputes in charitable organizations with the participation of multiple subjects、Mediation、Arbitration mechanism,To improve internal governance efficiency。
Third,In regulatory law,The Civil Code attaches greater importance to the protection of private rights and regulatory efficiency,Specifically in the field of charity,It requires the transformation of charity supervision from multi-party supervision to collaborative supervision,To protect private space and improve regulatory effectiveness。For example,One,Between government agencies and private overseers,Promote two-way interactive cooperative supervision between public and private supervisors。In this regard,The Civil Code also empowers private supervisors such as donors and government departments to revoke internal institutional decisions of donor legal persons,Conducive to mobilizing the enthusiasm of private supervisors,Reduce government regulatory burden and blind spots。For this,bet365 bonus code louisiana should implement its approach,Give donors and other interested parties or competent authorities civil supervision rights over internal institutions of charitable organizations。Part 2,At the government department level,Achieving cross-level and cross-department information sharing and other collaborative supervision。One aspect of the autonomy concept of the Civil Code is the requirement for the effectiveness of supervision。However, the existing charity supervision system has not yet fully formed synergy within and between government departments,Making under-regulation and over-regulation coexist,It will cause moral hazard,It is also easy to improperly infringe on private rights、Waste of supervision resources。For this,The inherent requirements for regulatory efficiency in the Civil Code should be implemented,Strengthen the information sharing and collaboration mechanism within and between departments in bet365 bonus code louisiana。
Amend the cohesive provisions of bet365 bonus code louisiana
In addition to improving the regular system of bet365 bonus code louisiana based on the basic concepts of the Civil Code,It is also necessary to start from the perspective of system coherence,Systematically amend the cohesive provisions of bet365 bonus code louisiana under the framework of the Civil Code,Thus reducing conflicts within the legal system,Leverage the overall effectiveness of the charity legal system。Specific progress can be made from the following aspects。
1st,Expand unincorporated organizations into new legal types of charitable organizations。Both non-profit legal persons and unincorporated organizations stipulated in the Civil Code have the potential to become legal types of charitable organizations,bet365 bonus code louisiana does not explicitly exclude unincorporated organizations from charitable organizations。But in practice,Charitable organizations registered or recognized by the civil affairs department are completely bound to their legal person status。This is not conducive to promoting community classes、Development of small, medium and micro social organizations,It also excessively restricts the space for growth in the number of charitable organizations。Therefore,It is recommended that unincorporated organizations be explicitly included in the legal type of charitable organizations。
Second,Equating the public welfare purpose in the Civil Code with the charitable purpose in bet365 bonus code louisiana。The "Public Welfare Donation Law" and other laws clearly stipulate the scope of public welfare purposes: in addition to poverty alleviation,Also includes science, education, culture, health and sports and other undertakings。The "Civil Code" uses the expression "public interest" many times,But its scope is not clearly defined。bet365 bonus code louisiana adopts the concept of “great charity”,And clearly enumerate the system design with baggage clauses,Significantly expanded the scope of charitable purposes,Make it similar to the scope of public welfare purposes delineated in the "Public Welfare Donation Law" and other laws。On this basis,In order to reduce the conflict in determination of the scope of charitable purposes and the scope of public welfare purposes in practice (for example,Determined to have a public welfare purpose but not a charitable purpose),Consider equating “public welfare purpose” in charity-related laws such as the Civil Code with “charitable purpose”。
Third,Bind charitable organization registration recognition and fiscal and tax preferential qualifications。bet365 bonus code louisiana allows non-profit legal persons to freely choose whether to register as a charitable organization,And the qualifications of charitable organizations and the qualifications for fiscal and tax incentives are independent of each other。Therefore,Not-for-profit legal persons have charitable purposes,But you can only apply for fiscal and tax preferential qualifications instead of charitable organization qualifications。This way,Although this legal person may constitute a public interest legal person in the Civil Code,But it is not subject to any regulations in bet365 bonus code louisiana。At the same time,Except for public institutions that must have public welfare purposes、Except that foundations have separate administrative regulations to identify them,The Civil Code does not have relevant standards for determining whether a non-profit legal person constitutes a public interest legal person。For this,It is recommended to equate public welfare purposes with charitable purposes,Empower those who qualify as charitable organizations to automatically qualify for fiscal and tax incentives,Thus attracting more organizations with charitable purposes to be regulated by bet365 bonus code louisiana,Establish a de facto special registration and governance system for public welfare organizations (including public welfare legal persons and public welfare unincorporated organizations)。
Fourth,Grants all charitable donation recipients the right to request the donor to deliver donated property。The "Charity Law" and the "Civil Code" both stipulate the issue of promising but not donating,However, the provisions of the Civil Code are stricter than those of bet365 bonus code louisiana。In the Charities Law,Only donors publicly pledge to donate in the media,Or when donating property for poverty relief, etc. with a focus on helping economically disadvantaged groups and signing a written donation agreement,Only the recipient can request payment。The Civil Code prohibits any public welfare donation,All grant the donee the right to request payment from the donor。But compared to the gift contract rules of the Civil Code,The charitable donation rules of the "Charity Law" are special laws and old laws,How to apply,Quite difficult to understand。From the perspective of defending public welfare,Should be when bet365 bonus code louisiana is revised,Adopt the provisions of the Civil Code to amend its provisions。
Fifth,Amend the provisions on the principle of similarity in bet365 bonus code louisiana in accordance with the provisions of the Civil Code。The "Civil Code" applies the principle of approximation to the remaining property of public welfare legal persons,bet365 bonus code louisiana has similar provisions on the remaining property of charitable organizations,But there are differences between the two。The "Civil Code" applies the provisions of the charter or the resolution of the authority as a principle that takes precedence over the remaining property under the auspices of the competent authority,However, bet365 bonus code louisiana does not leave room for resolutions by authorities。Given that the Civil Code is a new law,Reflects the latest ideas of legislators,Relevant expressions in bet365 bonus code louisiana should be revised accordingly。
(This article is part of the Zhejiang Provincial Philosophy and Social Sciences Planning “Research and Interpretation of the Spirit of the Sixth Plenary Session of the 19th CPC Central Committee and the 10th Plenary Session of the 14th Provincial Party Committee” special project “bet365 bonus code louisiana Legal Policies in the Context of High-Quality Development and Construction of Common Wealth Demonstration Areas” "Innovation Mechanism Research" phased results)
(Author’s unit: Zhejiang University of Technology bet365 bonus code louisiana School、Welfare and Rule of bet365 bonus code louisiana Research Center)
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