news

한어Русский языкEnglishFrançaisIndonesianSanskrit日本語DeutschPortuguêsΕλληνικάespañolItalianoSuomalainenLatina

on september 5, china charity day, the newly revised "charity law" was officially implemented, and the "measures for the administration of public fundraising by charitable organizations" and "measures for the recognition of charitable organizations" were announced on the same day. the new laws and regulations have put forward new requirements for charitable organizations. how should charitable organizations respond?

recently, at the 4th jishan salon and the 7th disability research lecture hall hosted by the china disabled persons’ welfare foundation and the disability development research association, experts from charitable organizations, universities, the legal community and other fields discussed and interpreted issues such as the background and main contents of the revision of the charity law, as well as public fundraising, cooperative fundraising, fundraising costs, information disclosure, charitable trusts, and tax incentives.

"understanding and implementing the newly revised charity law is not something that can be done overnight. faced with the new era, new requirements and new expectations, we must take the opportunity of in-depth study and implementation of the newly revised charity law to regulate organizational behavior in accordance with the law, conduct charitable activities in compliance with regulations, strive to enhance credibility, create sunshine charity, strive for more support from social forces, and implement public welfare projects with heart and soul." long mo, chairman of the china disabled persons' welfare foundation, emphasized.

persist in promoting the development of charity

the newly revised charity law has been amended in five aspects: improving promotion measures, regulating charitable activities, strengthening leadership supervision, adding a special chapter on emergency charity, and regulating individual requests for help. how should charitable organizations understand this amendment?

in response to a reporter's question, shi hong, director of the social law office of the legislative affairs commission of the standing committee of the national people's congress, said that the revision of the charity law this time coordinates the promotion of development and standardization and order. it not only improves the relevant provisions of promotion measures, optimizes the operation of charitable organizations, and stimulates enthusiasm for participating in charitable activities, but also clarifies the supervision requirements for charitable activities, strictly enforces legal responsibilities, draws bottom lines, and shows red lines to ensure that charity is standardized in development and develops in standardization, and moves forward steadily on the road of legalization and standardization.

in her sharing session on the theme of "discovering good laws and creating good governance", jin jinping, director of the center for nonprofit law research at peking university, said that since the formulation and implementation of the charity law, the political, economic and social situations at home and abroad have undergone dramatic changes.

first, the global natural environment and social problems faced by mankind still exist and the situation is more pressing. secondly, the adjustment of economic structure and the change of economic development model have affected the supply of charitable resources and caused structural adjustments in the charity field. at the same time, profound changes in social structure have placed high hopes on social organizations in community construction and grassroots governance. thirdly, the urgency of emergency charity has been put on the agenda. fourth, the emergence of behaviors that endanger charitable organizations and charitable property has not only damaged the credibility of charity, but also impacted the bottom line of social security.

therefore, the revision of the charity law and the formulation of supporting systems are intended to prevent abuses and promote benefits. jin jinping said that first, it clearly incorporates foreign-related charity and community charity into the legal field and encourages their healthy development; second, a special chapter is set up to stipulate emergency charity, provide emergency management and response mechanisms for high-risk societies, and clear channels for social forces to participate in emergency management; third, strengthen the norms of public fundraising, let charitable organizations with public fundraising qualifications assume the necessary responsibilities, and avoid them becoming channels for various illegal and irregular behaviors; fourth, require charitable organizations to meet higher standards of good governance, for example, in addition to the annual charitable activity expenditure and management fee restrictions, additional regulations on fundraising costs; fifth, more stringent requirements are made for charitable trusts, and gradually aligned with charitable organizations in terms of normative standards, laying a solid foundation for the next step of promoting tax incentives and other special rights for charitable trusts; sixth, corresponding revisions are also made to penalties to strengthen the certainty and operability of norms.

"we must avoid dogmatizing the law. when interpreting the application of the law, we should do so from the perspective of promoting good governance of charitable organizations and the development of charity," jin jinping emphasized.

from “laws on paper” to real action

"the most difficult thing in the world is not to legislate, but to ensure that the law is enforced." if good laws are to promote good governance, popularization of law, law enforcement and judicial practice must keep up with the steps of law amendment. from charity fundraising to charity donations, from offline to online, from daily life to emergency, from charity trusts and charity property to charity services, charitable organizations are the indispensable responsible entities for implementing the newly revised "charity law".

"every charitable organization must carefully compare the legal provisions and relevant policies, and take timely measures to rectify any problems found, so that we can have a major improvement in political awareness, rule of law concepts, and professional ethics from charters to specific systems, from ideas to specific operations, from general practitioners to management, so as to truly transform the advantages of the charitable system with chinese characteristics into the governance effectiveness of charitable organizations." said chang da, deputy secretary-general of the china disabled persons' welfare foundation.

the guests at the meeting put forward specific suggestions on the implementation of some key contents of the newly revised charity law.

in terms of public fundraising, article 26 of the newly revised charity law clearly requires that charitable organizations with the qualifications for public fundraising should evaluate, guide and supervise their partners, and manage and account for the funds and materials raised through the cooperation.

he guoke, director of the china social development promotion center, believes that this is a huge challenge. how to conduct the evaluation and how to establish evaluation indicators, methods and models are the key areas we need to focus on and improve.

"collaborative fundraising is widely used in the disability field, and front-line disability organizations are usually mainly non-governmental organizations." jin jinping emphasized that public fundraising charitable organizations should be responsible. instead of conducting assessments, it is better to conduct due diligence first, and on this basis, formulate empowerment plans to help front-line grassroots organizations grow and have more partners. this is more constructive.

in terms of information disclosure, article 79 of the newly revised "charity law" clearly requires that charitable organizations that are qualified to conduct public fundraising must regularly disclose to the public in a comprehensive and detailed manner the fundraising information and the implementation of charitable projects.

"charitable assets are social public assets. we need to be responsible to the public and inform them of relevant information. the key is what the standard scale of information disclosure should be." he guoke said, "we need to formulate more detailed and clearer standards. we should not interfere too much with human intervention if technology can solve the problem."

jin jinping believes that in theory, there are two types of information disclosure: one is mandatory information disclosure, which usually only requires basic and reasonable content; the second is voluntary information disclosure, which encourages charitable organizations to disclose more information about their progress. charitable organizations that are qualified to publicly raise funds are usually most willing to do so because they need to rely on social support.

in terms of fundraising costs, article 61 of the newly revised "charity law" proposes that the standards for fundraising costs shall be formulated by the ministry of civil affairs of the state council in conjunction with the finance, taxation and other departments.

"i strongly agree with the concept of fundraising costs. we should encourage charitable organizations to bear the costs. we must show the fundraising costs so that everyone can gradually accept them," said zhu jiangang, a professor at the school of social sciences of nankai university. "i am worried that there will be a lot of moral criticism on the fundraising costs. the key is whether we can withstand the pressure. we should maintain a tolerance for mistakes and work hard to promote the development of the entire industry."

in this regard, he guoke made the following suggestions: first, it should be made clear that the fundraising cost is the cost incurred by a charitable organization when conducting fundraising, namely the fundraising cost and fund-raising expenses; second, the conceptual scope and proportion of the fundraising cost should be clarified, and there should be workarounds for exceptional circumstances.

assisting the disabled is one of the charitable activities listed in the charity law, and social organizations assisting the disabled are an important part of social organizations. after the implementation of the newly revised charity law, how should public welfare organizations assisting the disabled develop?

zhu jiangang said that the newly revised "charity law" has multiple measures to promote the standardized development of charitable organizations for the disabled, providing legal protection and strategic opportunities for promoting the healthy development of public welfare organizations for the disabled in my country.

he believes that improving the effectiveness of public welfare and charity activities for the disabled cannot rely solely on the moral consciousness of charity organizations and individuals, but also requires strong legal supervision and regulation. first, strengthen the legal awareness of various types of charitable entities for the disabled; second, strengthen the construction of public welfare and charity ethics for the disabled in the new era; third, improve the social supervision mechanism for charitable causes for the disabled; fourth, enhance the construction of industry self-discipline mechanisms in the field of public welfare for the disabled.

in addition to charitable organizations, the implementation of the newly revised "charity law" also requires the creation of a good social atmosphere for charity, and the promotion of the whole society to care about, support and participate in charity.

in this regard, li caimao, deputy director of the research office of the china disabled persons’ federation, said, “how can we gather people’s hearts and warm their hearts? how can we better make our society a good society? this problem may not be solved by laws alone. we need to take more actions and use people’s hearts to influence people’s hearts.”

text｜wang yong

this article is reproduced from public welfare times