□ legal language

Wang Huaiyong

, Sichuan Mianyang a vote

recently spend two years in Hong Kong aided schools – the Bauhinia national secondary school is the removal of controversial. It is understood that the school-situ built commercial center and landmark buildings. Hong Kong SAR Government is currently considering recourse to the local donations. The reason to consider withdrawing contributions, because the money to use strict rules. According to Hong Kong’s Wen Wei Po reported, the Hong Kong Special Administrative Region and Chief Secretary for Administration, Mr Stephen Lam, will be held May 24 to 26 visit to Sichuan, during the inspection reconstruction projects.

Hong Kong SAR Government “seriously” the behavior of the contributions told us a profound truth: the share of the support of modern philanthropy to flourish not only people’s minds to do good turn deserves another moral impulses, and improve system security framework is to ensure that modern basis for the development of philanthropy. The only charitable organizations, self-discipline and discipline the perfect combination to create an efficient, low cost, high popularity, the trust’s charitable system.

In recent years, a spate of charitable organizations of the Mainland of China, the credibility of crises exposes the problem, involving not only the internal operation of the charitable organization, but also related to the regulatory system for charitable organizations. Generally, charitable organizations through self-discipline and heteronomy to win the trust of the public: self-discipline means to act as the responsibility to comply with the requirements of the law of mean is subject to legal norms, to accept government oversight. In other words, the charitable organizations in relief and reconstruction efforts, especially in resource mobilization and use of the aspects of performance, are still required to improve the supervision system to be examined.

At present, the Mainland of China for the charitable organization’s day-to-day management and operation of the lack of a comprehensive and effective legal regulations, but also has not yet introduced a specific charitable organizations access, assessment, organizational systems, financial operations, as well as charitable activities areas such as supervision of the comprehensive provisions of the Charities Act. Meanwhile, the government is very limited supervision of the work of charitable organizations, and is still a lack of an open mechanism for supporting. In addition, there is no authoritative specialized charitable donations regulatory agencies, leading to charitable organizations in the performance monitoring obligations loopholes so far been ineffective supervision.

charitable donations to the development of institutionalized direction of development is the protection. Among them, the charity legislation is the most important issue that we should pay extra attention is not only standard to judge the legitimacy and legality of the acts of charitable organizations, the maintenance of public charitable organizations confidence in urgent need. In this regard, the law should clearly state-sponsored fund-raising activities for the purpose of public welfare, including relief of resource mobilization must be in accordance with the law for.

Second, establish transparent management of the charity run. The public trust in charitable organizations in their work whether transparency is closely related to. In order to achieve transparent, requires not only the internal self-regulation of charitable organizations, external oversight is also very important. Therefore, we should be committed to a transparent mechanism for establishment of a charitable cause, given the open work of the administrative body to monitor charitable organizations, to improve the tracking of administrative regulatory agencies for donations, feedback and publicity system; to establish and improve the annual charity business focus on strengthening the regulatory system as a primary means charity work information disclosure, financial statements and the major activities of the regulatory requirements of charitable organizations on a regular basis to the relevant government departments to submit the budget and final accounts of the daily expenses, capital operation details to the public, in order to improve supervision timeliness and effectiveness.

again, the establishment of specialized administrative regulatory bodies. The current multi-agency regulatory approach not only result in regulatory confusion, and the regulatory effect is not ideal. Especially like China is a vast city is widely distributed country, a surprising number of charitable organizations, therefore, to manage such a large group, not only need to be given a reasonable space of its development, but also should be in different regions of different charitable organizations development to create a more appropriate environment.

the end, improve the operation mechanism of administrative supervision. The introduction of social regulatory power of government administrative agencies-led, and every year to a qualified charitable organization assessment and credit qualification system. Rating mechanism to build mutual constraints, the query mechanism of the flow of money funds, the public, particularly the donor can always check the physical process of material flow, information, funds management.

(unit: Southwest University of Political Science)