Transcript How May Chinese Charity Law Benefit from Insights Gained from the

How May Chinese Charity Law
Benefit from Insights Gained
from the Study of UK Charity Law
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KANG XU
05.02.2015
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Contents
1
2
3
The main features of the British charity law
Comparative Analysis of Chinese and British charity
The Enlightenment to Chinese Philanthropy
1.The main features of the British charity law
Effective charity
appeals court system
feature
8
feature
Perfect information
7
disclosure system
feature
2
feature
6
Strict regulatory
audit system
Charity Commission's
unique system
Diagram
Diagram
2
feature 2
feature
5
4
Strict fundraising system
feature The clear legal defin
1
ition of charity
feature
3
Flexible registration
system
The variety of legal forms of
charitable organizations
“Charitable
purpose”
means
“12+1”
Feature
1: clear
legal
definition
of charity
1.
A charitable
organization
must have
a charitable
(a) the
prevention
or relief
of the
poverty;
purpose
to accord
with
interests of the public,
(b) the advancement of education;
public welfare charitable organizations must be
(c) the advancement of religion;
identifiable, objective;
(d) the advancement of health or the saving of lives;
2.
Theadvancement
beneficiary of
charitable or
organizations
(e) the
of citizenship
community must be
of theetc.
public
the
public. of ‘charity’
ofor
the
definition
development;
1partClarification
2
3
‘Charity’ means an
Expanding the scope of charity
institution which is
established for
charitable purposes
Emphasizing the principle of charity
only.
1.The main features of the British charity law
Feature 2: Charity Commission's unique system
1
2
3
Charity Commission is unique
in government agencies.
Charity Commission has a unique
regulatory functions.
The partnership between
the Charity Commission and charities is unique.
1.The main features of the British charity law
Feature 3: Flexible registration system
Charitable organizations exempt from
registration requirements:
1
Small charities whose annual income of £5,000 or less
2
Exempt Charities
3
excepted charities
1.The main features of the British charity law
Feature 4: The variety of legal forms
The charity organization with legal form
diversification can have more choices:
1
Unincorporated organization form
Trust
2
Unincorporated Association
Legal entities organization form
Charitable Companies
Charitable Incorporated Organization, CIO
Industrial and Provident Society, IPS
1.The main features of the British charity law
Feature 5: Strict fundraising system
A strict system of public collection
has three elements:
1
Must apply for a license for public collection
to the Charity Commission
2
Must apply for a license to local government
3
Must follow the
‘principles of good practice requirements’
1.The main features of the British charity law
Feature 6: Strict regulatory audit system
Through strong supervision
Charity to ensure that
Commission
the charity organizations
achieve its commitment
to the public interest.
Local
Government
High Court
1
Charity Commission's regulatory
2
Internal
Royal
Revenue
Prosecutor
Comprehensive
regulatory
system
Service
General
Wills Services
Department
1.The main features of the British charity law
Feature 7: Perfect information disclosure system
the public
disclosure of
information
the
automatic
filtering of
the market
the
promotion of
the survival
of the fittest
1
Disclosure of charitable organizations
2
Disclosure of the Charity Commission
1.The main features of the British charity law
Feature 8: Effective charity appeals court system
CHARITIES
GOVENMENT
 Charities Act
has established
the charity
tribunal, as the first to accept charity
organization appeals.
 Law specified the content of tribunal,
personnel, procedures and its relationship
with the high court and procuratorial organs,
also provided for what condition the Attorney
General can take the initiative to intervene
in the proceedings.
1.The main features of the British charity law
2.Comparative Analysis of Chinese and British charity
Problem 1
In the stage of small-scale
Problem 2
The charitable resources distribution
is not uniform.
Problem 3
The form of charities is single.
Chinese charities
Diagram
Problem 6
2
Charity funds use unreasonable
Problem 4
The way of fundraising is limited.
Problem 5
The charities operate non-standard.
2.Comparative Analysis of Chinese and British charity
1
Different historical and cultural traditions
2
Different stages of economic development
3
Different ecological environment of Charity
Difference 1: Historical and cultural traditions
UK
CHINA
History of
charities
597 AD, King's School
Canterbury
12-13 century, the tradition
of Philanthropy started
 the temples of Han and
Tang Dynasties
folk charity groups of Ming
and Qing Dynasties
History of
Charity law
The Statute of Charitable
Uses 1601
After 400 years, gradually
forming the perfect modern
charitable legal system
The late 20th century, the
special law, department law
or local law
2015, the Basic Law will
enter the formal legislative
process
Religious
traditions
Jesus Culture
Confucianism, Buddhism and
Taoism culture
Subject of
philanthropy
Folk
Government
2.Comparative Analysis of Chinese and British charity
Difference 2: The stages of economic development
The current status of economic
UK
CHINA
Land area
245,000 k㎡
9,600,000 k㎡
Population
6,240 MILLION
1.34 BILLION
2013 GDP
$2.53 trillion
$9.04 trillion
World ranking
of 2013 GDP
6
2
2013 Per capita GDP
$38,000
$6,629
World ranking of 2013
pre capita GDP
25
86
a early developed
country
In transition period
from developing
country to the medium
developed country
Development stage
2.Comparative Analysis of Chinese and British charity
Difference 3: ecological environment of Charity
The current status of charities
UK
CHINA
The number of social
organizations
900,000
500,000
Per capita
70
268
2013 donation
income
￡17 billion
￡10 billion
Per capita
27
7
 In China charity is not a way of life. Owing to various
reasons, Chinese public understanding of and attention to
philanthropy is far less than the UK.
2.Comparative Analysis of Chinese and British charity
3.The Enlightenment to Chinese Philanthropy
Enlightenment 1
The basic orientation of charity
law should be clear
1
Enlightenment 5
Relations between the government
and social organizations should be
constructed newly
5
Enlightenment 2
The modern philanthropy
should be redefined
2
Diagram
Diagram
Enlightenment 4
22
Charity law should focus
Enlightenment 3
on integrity and systemic
Charity law should establish a legislative
model with Chinese characteristics
4
3
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