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慈善,是民事权利主体基于慈心而自愿进行的善举。慈善事业作为社会化的公益事业,能够解决许多政府难以顾及的问题,对社会困难群体和边缘群体给予慈善援助,无疑会对社会的和谐发展起到巨大的作用。我国慈善事业有着悠久的历史和良好的发展趋势,但是我国慈善事业的立法却存在着较大的不足。主要是没有专门性立法,法律体系也极不健全,这与我国慈善事业的激烈发展的需求是不相符的。因此,我国必须在充分重视慈善事业立法的基础上,不断完善慈善立法体系,促进慈善事业的和谐发展。本文主要从中国慈善事业的基本概述、中国慈善事业的立法现状、中国慈善事业的立法不足、完善中国慈善事业的立法建议等四个方面针对中国慈善事业的立法问题展开深入的研究。
Charity is a good act voluntarily conducted by the main body of civil rights based on compassion. As a socialized public welfare undertaking, philanthropy can solve many issues that are difficult for the government to take into consideration. Charity aid to the socially disadvantaged groups and marginalized groups will undoubtedly play a huge role in the harmonious development of society. China’s philanthropy has a long history and good development trend. However, the legislation of philanthropy in our country is notoriously deficient. Mainly there is no specific legislation, the legal system is also very imperfect, which is not in line with the demand for the vigorous development of charity in our country. Therefore, on the basis of paying full attention to the legislation of charity, our country must constantly improve the charity legislative system and promote the harmonious development of charity. This article mainly conducts an in-depth study on the legislation of China’s charity from the following four aspects: the basic overview of China’s charity; the current situation of China’s charity legislation; the lack of legislation on China’s charity; and the legislative suggestions on how to perfect China’s charity.