JOURNAL OF BEIJING UNIVERSITY OF AERONAUTICS AND A ›› 2020, Vol. 33 ›› Issue (1): 8-14.DOI: 10.13766/j.bhsk.1008-2204.2019.0383

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Rights of Donors of Social Service Institutions

LIU Lijun   

  1. Management Cadre Institute, Ministry of Civil Affairs, Beijing 101601, China
  • Received:2019-11-11 Online:2020-01-25 Published:2020-02-25

Abstract: Judicial judgments have different views on the rights of donors of social service institutions. The investment behavior has the characteristics of unidirectionality, altruism and conditionality. Donors and social service institutions have independent legal personality. Under the separation of the three powers of "principal right-control right-beneficiary right", donors have the right to show their names, set up the purpose of social service institutions and governance mechanism, and ensure the right to realize the purpose of investment by means of election, voting and supervision. The exercise of the rights of donors shall not violate the law, public order and good customs, damage the independent personality of legal persons, damage the rights and interests of "stakeholders", and be restricted by the purpose of investment. Legislation should classify social service institutions into public welfare and mutual benefit according to the criterion of purpose. More restrictions should be set on the exercise of the rights of donors of public welfare institutions in order to reduce the subjective arbitrariness of donors, while donors and beneficiaries of mutual benefit institutions should have more autonomy.

Key words: social service institutions, donors, private non-enterprise units, public welfare, mutual benefit

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