广东省加强华侨港澳同胞捐赠公益事业立法的思考

A Reflection of the Strengthening of the Legislation Regarding Public Welfare Donation for Overseas Chinese,Hong Kong and Macao Compatriots of Guangdong Province

广东是全国接受华侨港澳同胞捐赠最早、最多的省份之一,也是全国最早开展公益捐赠立法的省份之一,我国慈善立法早期以华侨港澳同胞捐赠公益事业的现实情况及立法实践为背景和源头,借鉴了相关成功经验。随着改革开放以来我国慈善事业的迅速发展,华侨港澳同胞捐赠公益事业力度的加大,全国人大、国务院及有关省市进一步加强了慈善立法及涉侨捐赠立法工作,但由于各种原因,目前有关法律法规还不系统、不完备,相关领域的立法工作也相对滞后。广东省近几年根据华侨港澳同胞捐赠的发展趋势、立法现状及执法实际,加强了涉侨捐赠的监督、管理和服务工作,目前亟需对涉侨捐赠法律法规进行梳理分析,借鉴国外在慈善领域的立法经验,总结涉侨捐赠执法实践中的成功做法,尽快修订《广东省华侨捐赠兴办公益事业管理条例》,落实政府有关部门涉侨捐赠的行政处罚权、处分权及服务涉侨捐赠的职能,完善关于华侨港澳同胞捐赠人责任和权益的法律规定,为广东省更好开展和监管涉侨捐赠工作,产生良好社会效益,并提供法律保障。

Guangdong is one of the earliest and largest provinces to accept donations from overseas Chinese,Hong Kong and Macao compatriots,as well as one of the first provinces to develop public welfare donation legislation.In the early stages,legislation of charity was based on the current situation and practice of law of public welfare donation for overseas Chinese,Hong Kong and Macao compatriots as the background and source and also drew influence from relevant successful experiences. With the rapid development of philanthropy in China since the open-up reform,overseas Chinese,Hong Kong and Macao compatriots＇ donations are increasing for public welfare,the National People＇s Congress,the State Council and the relevant provinces and cities are further strengthening the legislation and legislative work concerning charity. However,due to various reasons,the relevant laws and regulations are not systematically complete,the legislative work of relevant fields is lagging. According to current situation and the development trend of the legislation and enforcement regarding overseas Chinese,Hong Kong and Macao compatriots＇ public welfare donations,Guangdong province in recent years has strengthened the supervision,management and service. It is necessary to analyze,and learn from foreign legislation which effectively demonstrates the successful practice of regulatory enforcement and revise the Regulations and Administration of Donations From Overseas Chinese of Guangdong Province as soon as possible. It is also essential to implement administrative punishment rights and services of the relevant government departments and complete the regulations concerning responsibilities,rights and interests for overseas Chinese,Hong Kong and Macao compatriots. Finally it is necessary to carry out and supervise overseas Chinese donations of Guangdong province,so as to provide a legal safeguard for social benefits.