法治思维下当代中国慈善组织的治理和监督机制

The Governance and Supervision Mechanism of Contemporary Chinese Charity Organizations under the Thinking of Rule of Law

构建当代中国慈善组织治理和监督机制,必须坚持法治思维。法治在慈善组织治理和监督机制中具有重大价值,坚持正确的价值观迫切需要法律的保障,慈善组织的责任和义务需要法律加以明确规定,各类慈善组织的发展迫切需要法律规范。《慈善法》是中国慈善事业的基本法,它促进和规范了慈善组织的发展,但《慈善法》应细化以增强其操作性,应配套以增强其实效性,应升级以适应新形势。法律法规及章程的规定是慈善组织内部治理的根据,信息公开透明制度是慈善组织监督机制的基础,应由多元主体协同监督慈善组织。

To build the governance and supervision mechanism of contemporary Chinese charity organizations,we must adhere to the thinking of rule of law.The rule of law is of great value in the governance and supervision mechanism of charitable organizations,and adhering to correct values urgently needs legal protection.The responsibilities and obligations of charitable organizations need to be clearly stipulated by law.The development of various charitable organizations urgently needs legal norms.The Charity Law is the basic law of China’s philanthropy.It promotes and regulates the development of charitable organizations,but the Charity Law should be refined to enhance its operability.The Charity Law should be complemented to enhance its effectiveness,and the Charity Law should be upgraded to adapt to the new situation as well.The provisions of laws,regulations and articles of constitution are the basis for the internal governance of charitable organizations.The information disclosure and transparency system are the basis of the supervision mechanism of charitable organizations,and charitable organizations should be supervised by multiple entities.