Keywords:
Foundation; Information disclosure; Legal supervision
基金会;信息披露;法律监管
Abstract:
Since the outbreak of COVID-19 last year, it has shown the
characteristics of rapid spread and wide spread. Among them, each foundation
has played a very important role in the anti epidemic relief. However, although
it plays a huge role, it also exposes that there are major problems in the legal
supervision of the foundation in the process of operation. Firstly, this paper
combs from the evolution of policy and law and the current provisions of the
law. Secondly, it analyzes the challenges faced by the supervision: in the early
stage, excessive reliance on the government led to organizational stagnation;
The medium-term emergency coordination is insufficient and the professional
ability is insufficient; Information disclosure is rough and law popularization is
absent. Finally, the answer is given from the perspective of institutional analysis
and design.
去年新冠疫情爆发以来,其呈现出蔓延迅速、波及范围广的特点。其中各个基金会在抗疫救灾中发挥了极为重要的作用。然而虽然作用巨大,但也暴露出基金会在运行过程中,在法律监管方面存在重大问题。本文首先从政策与法律沿革和当前法律简短的规定出发进行梳理。其次分析出监管面临的挑战:前期过分依赖政府,造成组织停滞;中期应急协调不足,专业能力欠缺;信息披露粗糙,法律普及缺位。最后从制度分析设计的角度给出了本文的答案。