试论我国民间慈善组织的困境与出路——以“壹基金”为案例

Study on the Dilemma and Way-out of Private Charitable Organizations——A Case Study of "One Foundation"

民间慈善组织的兴起和发展,在我国的慈善格局里扮演着越来越重要的角色。由于现代慈善文化的缺失、慈善活动出现信任危机和慈善组织的界定缺乏科学性,我国的民间慈善组织面临多重困境。文章以"壹基金"为案例,指出民间慈善组织不具备法律上的独立性、慈善监管不到位和民间慈善活动缺乏法律保护等问题,提出从政策创新、社会诚信建设、慈善监管、慈善立法等方面,谋求民间慈善组织的出路。

With their emergence and development, creasingly important role in the charitable pattern of private charitable organizations have been playing an in- our country. However, they are faced with many diffieul- ties owing to the loss of modem charitable culture, the trust crisis and the lack of scientific definition of char- itable organizations. The article takes ＂ One Foundation＂ as an example, pointing out there are many prob- lems in private charitable organizations. For example, they dont have legal independence, effective supervi- sion, and adequate legal protection. From this perspective, the article comes up with some ideas from many aspects, such as the innovation of policy, construction of social credit, charitable supervision and legislation so as to find its way out.