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Title: 社會資本觀點下中國大陸《慈善法》施行對慈善組織之影響
The Charity Law’s Impact on Charitable Organizations in China from the Perspective of Social Capital: An Empirical Study Based on Wuhan
Authors: 田蘊祥
Contributors: 第三部門
Keywords: 社會資本;慈善法;慈善組織;social capital;charity law;charitable organizations
Date: 2018-03
Issue Date: 2020-02-05 14:41:47 (UTC+8)
Abstract: 2016年3月16日,中華人民共和國第12屆全國人民代表大會第四次會議表決通過《中華人民共和國慈善法》,該法涉及慈善募捐、慈善捐贈、慈善信託、慈善財產、慈善服務、資訊公開、促進措施、監督管理、法律責任等多項條款,日後對於慈善組織所產生的影響,以及慈善組織所存在的各類有關問題是否能得到解決,引發社會各界廣泛的關注討論。
On March 16, 2016, at the fourth session of the Twelfth National People’s Congress, the delegates voted on the adoption of the Charity Law of People’s Republic of China (Draft), the long-awaited charity law was finally available, caused widespread concern of the community and a big discussion on China charity. The Charity Law involves whip-round, charitable donations, charitable trusts, charitable property, charitable services, information disclosure of charity, promotion measures for charity, supervision and management, legal liability and other provisions.
This paper selects the typical types of charitable organizations in Wuhan as the research object, adopts the method of empirical interview, and collects the first-hand information from charitable organizations, then use the social capital theory as the analysis tool to explore the impact of Charity Law on charitable organizations from the dimensions of institutional norms, charitable trust, charitable participation network. The emergence and development of charity organizations result from certain social capital and the institutional norm influence and guide the charitable organizations. Charity Law itself is one kind of social capital of charitable organizations. A comprehensive system of norms will solve many problems, such as the legal dilemma and internal management issues. This will enhance the public’s trust in charitable organizations, so that more and more individuals and organizations are willing to participate in the charity network, while bringing more charitable cooperation to promote the development of charity. That is to say, there are mutual influences among institutional norms, trust and networks. Charity Law as a new law, we also found some defects from the empirical study, including inadequate supporting measures, limitations to promote charitable trust of the public and insufficient tax preference.
This paper puts forward some suggestions from the perspective of social capital for the further development of charitable organizations in China under the framework of the charity law. On the one hand, China government needs to improve the toplevel system design and logistics support, such as making policies in every detail to support the long-term development of charitable organizations, strengthening the evaluation to enhance the credibility of charitable organizations and implementing tax incentives to improve the participation of the public. On the other hand, charitable organization needs to grab this chance to strengthen itself, such as reconstructing its own system, improving its credibility and building a wide range of charitable networks.
Relation: 第三部門, 21, 043-075
Data Type: article
Appears in Collections:[第三部門] 期刊論文

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