China's charitable legal system in the bottleneck: spending money is more difficult than making money

If institutional and registration barriers are the two periphery development challenges that hinder the development of civil charitable organizations, then the charitable organization's own credibility, transparency, it is its most criticized internal weakness, if the problem is not resolved, even in the periphery to give civil charitable organizations to loose development of the legal space, it will not be long. What is known as "the first good" in China is the media saying that he gave red envelopes to the poor in the 2009. Chen will be from 127 entrepreneurs and individuals to organize donations, a total of 43.16 million yuan in cash, loaded into 80,000 red envelopes, sent to Xinjiang, Tibet, Yunnan, Guizhou, Sichuan and other special hardship households in the hands.　　The move reflects that Chen and his entrepreneurial team have little faith in the various charitable organizations that are present. In general, a measure of whether charitable organizations have the credibility of a standard is to see its operating norms or not, the use of good money is transparent. And some of our charitable organizations, for a long time the basic accounts are not open, whether the standard operation, the public is not clear. The opaque financial system will lead to inefficient use of funds, and if the lack of supervision mechanism, it is easy to cause internal corruption. Such things have not happened before.　　And for charity, as long as it happens together, it is enough to hurt people's charitable heart, the cause of trust crisis. This reporter has repeatedly with the Ministry of Civil Affairs bureau officials responsible for the exchange of civil charity is appropriate to open the topic, from which some government officials on the civil charitable organizations credibility of the concern.　　"The Civil Affairs Department has the responsibility to choose the charitable organization which the populace trusts, otherwise the donation will be messy", is they often hangs on the mouth. Prior to the establishment of the 8.3 billion-yuan Xinhua charity Foundation, the executive director of the Foundation, Tang June, said publicly that it would confirm the transparency and innocence of the Xinhua Foundation with a six-month audit report. But after a few months, the point was replaced by "a year later".　　For this time change, Tang June did not give an explanation.　　According to the Foundation management regulations, there are only one of the existing rigid regulatory measures for foundations of this size-the foundation needs to submit annual audit reports and financial statements to the Civil Affairs organizations Authority of the Ministry, and publish them in the designated newspapers and periodicals.　　Lack of professional management in the plight of non-public offerings Tsinghua University School of Public Administration Deng Associate professor of science and technology, said that charitable organizations in the hardware technical level of supervision is not difficult, the difficulty lies in who to deal with the national total near Chiu Yujia Foundation of the short cycle of accounts, the regulator itself must have the credibility of "Everyday information is only about self-discipline. But the reality is that some local-registered foundations never disclose their earnings, and the annual inspection is not stringent.　　Xu Yongguang, vice chairman of the South Capital Public Welfare fund, said so. Charity should be a goldfish kept in a fish tank. But unfortunately, although transparency is the essence of philanthropy, the present "Transparent charity" is more of a charitable subject when asked when the response. Why is Chinese philanthropy so hard to get throughMing？　　Besides the imperfect legal system of charity and the lack of charity culture, the key factor is that our charity is not professional enough. In the United States, the foundation is called "the engine of social innovation", rather than the "porter" of the simple transfer of wealth. Many rich people in China think that I can make money so hard that I can't spend money yet. So extravagantly charity is quite a market. In fact, it is not easy to spend a good deal of money on charitable donations.　　Vanke Wang Shi in do alxa look Ecological Association president after Sigh way: "Spend money than make money more difficult!" In 2004, the Foundation Administration regulation, which was introduced in China, gives the rich the power to set up non-public foundations, and in the short 5 years of 2009, the Non-public offering foundation has already registered 846. However, the lack of professional management and effective governance is a common problem faced by Non-public-offering foundations.　　For these reasons, the efficiency and impact of the funds used by non-public foundations are not satisfactory. In addition, the professional quality of charitable organization staff directly affects the quality of work. The famous folk environmental protection personage, "the Global Village" the head Lio Xiaoyi The example analysis pointed out that in the past our country civil organization's development has paid attention to the popularization of the public participation fully, but because of various reasons neglected the profession.　　The majority of civil society organizations today lack sufficient expertise to deal with specific problems.　　It is suggested to dissolve the cost by means of organizational institutionalization in accordance with Ms. Lio Xiaoyi's understanding of the professionalization of non-governmental organizations, civil organizations should also be in the process of human resources management to achieve leadership and team unity, volunteerism and professionalism of unity, otherwise there is no private organization specialization. At present, the survival of grass-roots organizations, the legitimacy of identity is still difficult, and how to improve professional ability, but to improve professional ability is currently the civil charitable organizations can not delay. Because of "unprofessional", the working level of civil organizations in China today is low. At the same time, members of civil society who lack expertise are also prone to extreme, arbitrary and reckless views on issues.　　This hinders them from carrying out practical communication and consultation with government departments and interest groups, and also causes the public credibility of civil organizations to be damaged and cannot fulfill the demands of society and Government on civil organizations.　　Therefore, to improve their professional standards and work ability, but also the civil charitable organizations to fight for survival space game weights. Yang Tuan, director of the Social Policy Research Institute of the Sociological Society of the Chinese Academy of Sciences, pointed out that "individual personal" charitable behavior is costly and risky. Because of the investigation of the financial situation of the donor, the management of the funds, and the supervision of the behavior of the donor after accepting the donation, it is difficult to do so alone.　　Therefore, the establishment of NGO organizations, to use the organization, institutionalized way to defuse costs. Zheng, a member of the NPC Standing Committee and a professor of labor and personnel at Renmin University of China, believes that doing good through institutions should be a rational way for people to participate in charitable activities. It is because legitimate charities have the ability to Schhei and better master the information of the recipients. To this end, on the one hand, charitable organizationsAll kinds of channels to recruit talents. On the other hand, charitable organizations should continue to develop talents, so that the organization staff to adapt to the development of society and the needs of the Organization itself. (Wan Jing) can exist, can be active, but it is difficult to obtain legal status.　　This is the plight of a large number of Chinese civil charitable organizations facing the birth system.　　September 12, the famous actor Jet Li said for the first time that he created a well-known private equity fund in China, one foundation, because of unclear status, there is a risk of disruption. This obstacle stems from the existing system of registration of societies. Under the regulations on the registration of social organizations published in October 1998, applications for the establishment of social organizations should first be examined and approved by their business units, otherwise they will not be registered. As for the "Business Unit", the regulation also stipulates clearly that it must be an organization authorized by the relevant departments of the State Council and local governments at or above the county level.　　For most civil society, obtaining approval from the business authorities is essentially an impossible task. And for the registration of civil organizations, more important is the implementation of a strict "double management" system, that is, in addition to find a government agency or the party department as "business director", but also must be registered in the Civil Affairs Department, that is to find two "mother-in-law" to legalize.　　Civil society because the authorities refused to accept the dispute caused by even a few lawsuits. As a workaround, it is one of the ways for a fund to hang in the name of a legal institution with a government background. More refused to legal registration outside the community, or to register as legal entities, bear the tax, identity, external cooperation and other aspects of pressure, or simply into the underground, "illegal" operation.