我国慈善事业发展的法治困境及路径选择

我国慈善事业的快速发展凸显了对法治规范的迫切需求。以法治理念观之，我国慈善领域存在立法层次低、专门性法律缺乏、现行制度对慈善事业限制过多以及政府与社会的权界尚未理清等问题，造成慈善事业公信力普遍弱化、法律激励慈善捐赠的功能没有充分实现等困境。在法治理念的指引下进行慈善法律制度的重构是走出慈善事业发展困境的路径选择。

The Plight of the Rule of Law and the Path Choice for the Development of the Philanthropy in China

The rapid development of China’s charity highlights the urgent need for the rule of law.From the view of the rule of law,there are many problems of the philanthropy in China,such as low legislative level,lack of specialized legal system,too much restrictions on philanthropy and the unclear boundary on powers and responsibilities between government and community,which causes many scrapes such as generally weakening public credibility and not fully realized function of legal incentives to charitable donations.Reconstruct the legal system under the guidance of the idea of the rule of law in charity is the path choice out of dilemma of charity development.