慈善组织政府监管的困境及其法律规制

Dilemmas and Legal Regulations of Charity Organizations Governmental Supervision

慈善是中华民族的传统美德,慈善捐赠已成为衡量人类文明与社会进步的标志之一,但目前我国还存在慈善组织自律性匮乏、慈善信息透明度模糊、慈善捐赠监管乏力等问题。本文认为,应从现实层面回应新时期慈善组织监管之需,将法治思维贯穿于慈善捐赠实践中,明确政府监管的主旨,加强慈善组织自律,专设慈善评估机构,以期对慈善组织进行有效的法律规制。

Charity is the traditional virtue of Chinese nation.The charitable donation has become one of symbols to measure the human civilization and the social development.However, currently in our country,there still exist problems such as lack of the charity organizations automaticity,vagueness of the charity information transparency as well as supervision weakness of the charitable donation and so on.The paper holds that it should respond to the needs of charity organizations supervision of the new period from the realistic level,make the idea of rule of law run through the charitable donation practice,understand the gist of governmental supervision,strengthen the charity organizations automaticity and specially establish charity assessment institutions to carry out effective legal regulations for charity organizations.