英文摘要 |
The Charity Law establishes a ''power-led'' normative model of the governance of charitable organizations. At the same time, influenced by the traditional theory and system of consortium in civil law system, the charitable organization system blurs the relationship between donors and charitable organizations in private law, which leads to the dual governance dilemma of ''power failure'' and ''undeveloped rights''. Due to the adaptability of the public interest litigation system in the field of charity, charitable public interest litigation can become a supplementary mechanism for the governance of charitable organizations in China. Based on the division of judicial power and administrative power, charitable public interest litigation should be positioned as a ''dynamic equilibrium'' mechanism for the governance of charitable organizations, which aims to prevent judicial power from overriding administrative power. Regarding the composition of the system of charitable public interest litigation, the procuratorate should be designed to be the qualified plaintiff, procuratorial recommendations should be taken as pre-procedures, and cessation of infringement, apology, and fulfillment of obligations should be supported by the court as litigation claims. |