再论我国慈善组织公信力的法律重塑

公信力是慈善组织生存之基,公益性是慈善组织公信力之源。影响慈善组织公信力的因素既包括法治因素,也包括文化因素、体制因素等。我国慈善法律体系已经形成,内容较为全面完善,关于慈善组织的法律定位也较为明确,法律实施不到位以及官民二重性是制约我国慈善组织公信力提升的主要原因。官民二重性有悖于慈善组织的民间本性,导致慈善组织的独立性、公益性、运作效率降低,导致对慈善组织监管不力,并进而阻碍慈善事业的健康发展。要以理顺政府和慈善组织的关系为核心,进一步加强慈善法治建设,推动我国慈善的现代转型。在慈善法治建设中,信息公开是前提,创新管理是保障,强化监督是抓手,责任落实是关键。

On the Legal Reconstruction of the Credibility of Charitable Organizations in China

Credibility is the foundation of the existence of charitable organizations,which originates from the charity of charitable organizations. Factors affecting the credibility of charitable organizations include both the rule of law,cultural factors,and institutional factors. China ’s charitable legal system has been formed,its content is relatively comprehensive and complete,and its legal position regarding charitable organizations is also relatively clear. The inadequate implementation of laws and the duality of officials and the people are the main reasons that limit the credibility of our charitable organizations. The duality of government and people is contrary to the non-governmental nature of charitable organizations,leading to the independence,charity,and operating efficiency of charitable organizations,leading to poor supervision of charitable organizations,and further hindering the healthy development of charity. Focusing on smoothing the relationship between the government and charitable organizations,we should further strengthen the construction of the rule of law in charity and promote the modern transformation of charity in China. In the construction of charity and the rule of law,information disclosure is the prerequisite,innovation management is the guarantee, strengthening supervision is the starting point, and responsibility implementation is the key.