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Logo Add Your Company Slogan How May Chinese Charity Law Benefit from Insights Gained from the Study of UK Charity Law KANG XU 05.02.2015.

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Presentation on theme: "Logo Add Your Company Slogan How May Chinese Charity Law Benefit from Insights Gained from the Study of UK Charity Law KANG XU 05.02.2015."— Presentation transcript:

1 Logo Add Your Company Slogan How May Chinese Charity Law Benefit from Insights Gained from the Study of UK Charity Law KANG XU 05.02.2015

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3 The main features of the British charity law Contents 1 Comparative Analysis of Chinese and British charity 2 The Enlightenment to Chinese Philanthropy 3

4 Diagram 2 The clear legal defin ition of charity Flexible registration system Diagram 2 1.The main features of the British charity law feature 1 feature 2 feature 3 feature 4 feature 5 feature 6 feature 8 feature 7 Strict regulatory audit system Perfect information disclosure system Effective charity appeals court system Strict fundraising system The variety of legal forms of charitable organizations Charity Commission's unique system

5 Feature 1: clear legal definition of charity Clarification of the definition of ‘charity’ 1 Expanding the scope of charity 2 Emphasizing the principle of charity 3 1.The main features of the British charity law “Charitable purpose” means “12+1” (a) the prevention or relief of poverty; (b) the advancement of education; (c) the advancement of religion; (d) the advancement of health or the saving of lives; (e) the advancement of citizenship or community development; etc. ‘Charity’ means an institution which is established for charitable purposes only. 1.A charitable organization must have a charitable purpose to accord with the interests of the public, public welfare charitable organizations must be identifiable, objective; 2.The beneficiary of charitable organizations must be part of the public or the public.

6 Feature 2: Charity Commission's unique system 1.The main features of the British charity law Charity Commission is unique in government agencies. 1 Charity Commission has a unique regulatory functions. 2 The partnership between the Charity Commission and charities is unique. 3

7 Feature 3: Flexible registration system 1.The main features of the British charity law Small charities whose annual income of £5,000 or less 1 Exempt Charities 2 excepted charities 3 Charitable organizations exempt from registration requirements:

8 Feature 4: The variety of legal forms 1.The main features of the British charity law Unincorporated organization form 1 Legal entities organization form 2 The charity organization with legal form diversification can have more choices: Trust Unincorporated Association Charitable Companies Charitable Incorporated Organization, CIO I ndustrial and Provident Society, IPS

9 Feature 5: Strict fundraising system 1.The main features of the British charity law Must apply for a license for public collection to the Charity Commission 1 Must apply for a license to local government 2 A strict system of public collection has three elements : 3 Must follow the ‘principles of good practice requirements’

10 Feature 6: Strict regulatory audit system 1.The main features of the British charity law Charity Commission's regulatory 1 Comprehensive regulatory system 2 Through strong supervision to ensure that the charity organizations achieve its commitment to the public interest. Charity Commission High Court Royal Prosecutor General Wills Services Department Internal Revenue Service Local Government

11 Feature 7: Perfect information disclosure system 1.The main features of the British charity law Disclosure of charitable organizations 1 2 Disclosure of the Charity Commission the public disclosure of information the automatic filtering of the market the promotion of the survival of the fittest

12 Feature 8: Effective charity appeals court system 1.The main features of the British charity law Charities Act has established the charity tribunal, as the first to accept charity organization appeals. Law specified the content of tribunal, personnel, procedures and its relationship with the high court and procuratorial organs, also provided for what condition the Attorney General can take the initiative to intervene in the proceedings. CHARITIESGOVENMENT THE FIRST SECTOR THE THIRD SECTOR

13 Diagram 2 Chinese charities Problem 5 The charities operate non-standard. Problem 4 The way of fundraising is limited. Problem 6 Charity funds use unreasonable 2.Comparative Analysis of Chinese and British charity Problem 2 The charitable resources distribution is not uniform. Problem 3 The form of charities is single. Problem 1 In the stage of small-scale

14 2.Comparative Analysis of Chinese and British charity 3 Different historical and cultural traditions 1 Different stages of economic development 2 Different ecological environment of Charity

15 UKCHINA History of charities 597 AD, King's School Canterbury 12-13 century, the tradition of Philanthropy started the temples of Han and Tang Dynasties folk charity groups of Ming and Qing Dynasties History of Charity law The Statute of Charitable Uses 1601 After 400 years, gradually forming the perfect modern charitable legal system The late 20th century, the special law, department law or local law 2015, the Basic Law will enter the formal legislative process Religious traditions Jesus Culture Confucianism, Buddhism and Taoism culture Subject of philanthropy FolkGovernment 2.Comparative Analysis of Chinese and British charity Difference 1: Historical and cultural traditions

16 UKCHINA Land area 245,000 k ㎡ 9,600,000 k ㎡ Population 6,240 MILLION1.34 BILLION 2013 GDP $2.53 trillion$9.04 trillion World ranking of 2013 GDP 62 2013 Per capita GDP $38,000$6,629 World ranking of 2013 pre capita GDP 2586 Development stage a early developed country In transition period from developing country to the medium developed country 2.Comparative Analysis of Chinese and British charity Difference 2: The stages of economic development T he current status of economic

17 UKCHINA The number of social organizations 900,000500,000 Per capita70268 2013 donation income £ 17 billion £ 10 billion Per capita277 2.Comparative Analysis of Chinese and British charity Difference 3: ecological environment of Charity T he current status of charities T he current status of charities In China charity is not a way of life. Owing to various reasons, Chinese public understanding of and attention to philanthropy is far less than the UK. In China charity is not a way of life. Owing to various reasons, Chinese public understanding of and attention to philanthropy is far less than the UK.

18 Diagram 2 Diagram 2 3.The Enlightenment to Chinese Philanthropy 1 2 4 3 5 Enlightenment 1 The basic orientation of charity law should be clear Enlightenment 1 The basic orientation of charity law should be clear Enlightenment 2 The modern philanthropy should be redefined Enlightenment 2 The modern philanthropy should be redefined Enlightenment 3 Charity law should establish a legislative model with Chinese characteristics Enlightenment 3 Charity law should establish a legislative model with Chinese characteristics Enlightenment 4 Charity law should focus on integrity and systemic Enlightenment 4 Charity law should focus on integrity and systemic Enlightenment 5 Relations between the government and social organizations should be constructed newly Enlightenment 5 Relations between the government and social organizations should be constructed newly

19 Logo Add Your Company Slogan Thank you


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