改革开放前公益募捐法律规制介评

A Discussion on the Legal Regulating about Commonweal Fundraising Before our Opening Up Policy

从新中国成立到改革开放30年间,公益募捐法律规制经历了1949-1957年的徘徊期和1958-1979年的停滞期。在前一时期,公益募捐法律规制主要集中于福利救济领域、抗美援朝战争、传统公益募捐主体、面向华侨募捐等几方面。其主要特点是通过立法摧毁旧公益募捐主体的组织和物质基础和为了解决迫在眉睫的困难制定少量的公益募捐政策法规。在后一时期,公益募捐法律规制踪迹难寻、残存公益募捐组织陷于瘫痪。这一局面的形成有错综复杂的政治经济根源。但是,应当看到公益募捐思想基础犹存。

From new China was built to reform and opening - up, the regulating about commonweal fundraising had been through the wandering period during 1949 to 1957 and lag period stage, the main expression about the regulating about commonweal fundraising during 1958 to 1979. In the former were welfare and War to Resist U. S. Aggression and Aid Korea and the traditional subject of commonweal fundraising, and fundraising to overseas Chinese . Its characteristics are to bring the organizatio and material base of commonweal fundraising to make a small amount policies and laws for solving an impending difficult. In the later stage, hardly to ruin, and was there no any regulating about commonweal fundraising, and the surviving commonweal fundraising organizations were paralyzed. There were many complicated ideological foundation of commonweal fun reasons to form this situation. Nevertheless, we should be aware that the draising still lingered on