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The British charity council

2019-02-11 来源: 51due教员组 类别: 更多范文

下面为大家整理一篇优秀的assignment代写范文- The British charity council,供大家参考学习,这篇论文讨论了英国的慈善委员会。英国以其发达的慈善组织而著称,究其关键在于设有慈善委员会这样一个专门的监管机构。该委员会与其他部门分工负责,相互配合,形成了一个严密的监管体系。英国慈善法规定慈善委员会是具有特殊独立性的主管民间公益性事业的政府机构,它只对议会负责,所以其独立性表现在虽然慈善委员会任命成员的权利被赋予了政府相关部长,并且财政全额提供其办公经费,但在慈善委员会行驶具体职权的过程中,丝毫不被政府部长或者其他政府部门左右。

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The charitable use act of 1601 was enacted, and on the basis of this law, public power in England began to touch upon the common good. The enactment of this law established a regulatory body for charitable trusts in the UK, which became an important milestone in the development of charity law in the UK. The act gives courts of chancery and local governments the right to investigate abuses of charitable property. Local governments investigate in the form of charity committees. It follows that the commission of charity, established under the law of 1601, was largely responsible for investigative powers separate from the crown prosecution service, and that it was local in nature.

England passed the charity trust act of 1853 in the mid-19th century, thus establishing a national standing committee for charity. The committee has the power to investigate, subpoena and require the trustee to provide a report on the operation of the charity. The law focuses on the property of charitable organizations.

The enactment of the charity trust act of 1860 endow the charity committee with the right to manage charity, thus consolidating the power of the charity committee and making the way of the charity committee to exercise power more flexible. A large number of charity trust parties choose to make a request to it rather than directly to the court of equity. Since the 20th century, the culture of charity organization law has promoted the expansion of power of charity committee. First, it separates most of the powers that belong to the royal ombudsman, and second, it can oversee charities even alongside the high court. The charity act of 1960 further expanded the powers of the charity council. However, there have been many criticisms, such as the serious shortage of staff, insufficient powers of investigation and supervision, etc. Therefore, the charity law of 1993 further clarifies the control of the operation of charity organizations as the central function of the charity committee. The greatest significance of the charity act of 2006 is to clarify that the charity committee is a government organ with special independence in charge of charity affairs, which is only responsible to parliament. In view of the previous shortage of manpower, authority unknown abuses, with a lot of space to re-stipulate.

Since the establishment of the charity committee, its legal status has been controversial, which is mainly reflected in its functions of both administrative management and some judicial nature. The unclear legal status limits its own development.

The charity act of 2006 treats the council of charity as a government body with special independence in charge of charity affairs, and is responsible only to parliament. In terms of basic functions, organization setting and personnel management, charity committee shows more administrative characteristics, which is quite different from judicial and judicial organizations.

In 1601, the local charity committee stipulated in the charity law was composed of 5 charity commissioners with counties as the unit. In 1853, the charity trust law first established a national standing committee of charity consisting of four members; The charity act of 1960 stipulated that all the members of the charity committee were appointed by the home secretary of the United Kingdom. At that time, there were three members, including the chairman and the commissioner. The number of council members has increased since the charity act of 1993, when five were appointed by the home secretary. In 2006, the charity law made a greater change on this basis, and the charity committee was officially changed into the charity committee, which specified in detail the establishment, personnel allocation, tasks, functions and authority of the committee. It makes it clear that the charity commission is independent of the government, that the council is appointed by ministers and ultimately accountable to parliament, and that the top executive and its head have only the right to know. The top head of the charity council is appointed by the prime minister of the United Kingdom and is on a par with a government minister. In accordance with the relevant organizational law of British courts, permanent senior judges of the court of appeal and judges of the court of appeal serving in the house of lords are appointed by the prime minister on the recommendation of the Lord chancellor, judges of the high court, circuit judges and chief magistrates are appointed by the king on the recommendation of the Lord chancellor. It can be seen that the charity committee is basically the same as the general administrative institution in terms of establishment and personnel allocation, which is quite different from the judicial organ.

From the perspective of the way and content of the charity committee's supervision of charity organizations, it is mainly reflected in the administrative functions. With the development of the social function of charity committee, the function of charity committee in British charity legislation is gradually strengthened and clarified. As an institution with a large system, the main function of charity council in Britain is to supervise the operation of charity organizations and set the threshold for the registration of charity organizations. In essence, registration management is the first step in the regulatory process, is a necessary means to achieve regulatory, regulatory process is the cornerstone of a rational and orderly. If an organization wants to become a nonprofit organization with an annual income of a certain amount, it must go through the legal procedures required by the charity committee.

The charity committee's supervisory powers are not evenly distributed, but "focus on the big and the small". The overall structure of registered ngos in the UK is like a pyramid: at the base are small ngos that account for about two-thirds of the total, with some 70,000 larger organisations in the middle and, at the top, very large companies with a small number but a large share of revenues. The committee's day-to-day oversight focuses on larger organizations, particularly the very large ones. Similarly, the charity committee does not send people to supervise directly, but collects information through public service reports throughout the country, and then takes relevant measures promptly. The charity committee does not have a fixed time point for the investigation of charity organizations, but random and irregular. The objects of the investigation can be independent or unified, and the investigation method can be self-investigation or commissioned appointment. It can be seen that the registration, investigation and recommendation functions of the charity committee are basically the same as those of the administrative organs in charge of social organizations, with significant administrative characteristics.

The charity law of the United Kingdom stipulates that the charity committee is a government agency with special independence in charge of public welfare, and it is only responsible to the parliament. Its independence is reflected in that although the power of appointing members of the charity committee is vested in the relevant government ministers, and the finance department fully provides its office funds, the charity committee is not influenced by government ministers or other government departments in the process of exercising its specific powers. It can be seen that the charity committee is similar to the judicial organ in its nature and positioning, both emphasizing its independence and separating from the administrative organ in terms of the content of its functions and powers. Promulgated a series of statutes made the charity commission power expands unceasingly, the charitable trusts specific regulatory power transferred to the charity commission by the high court, the resulting higher court to charitable trusts the regulatory functions in the process of operation, with the situation of weak, although the Supreme Court is still the charity commission regulatory centered in the regulatory system of the highest authority. It can be said that at present, the supervision responsibility of charity organizations in the UK is mainly jointly exercised by the charity commission and the UK high court. The charity committee has some judicial characteristics because it absorbs some supervisory functions of the high court in the operation of charity trust.

The charity act of 1960 formally established the supervision mode of modern British charity organizations. It stipulated the three main functions of the charity committee. The second is to provide advice or instructions on the disposal of charitable property. Thirdly, the principle of seeking approximation should be applied to change the purpose of charity. Among them, the application of the principle of seeking to approximate is regarded as the function of the most judicial nature, which means that the charity committee has acquired the same power as the high court in some aspects, which is embodied in the formulation, appointment, annulment and dissolution of trustees, trustee management and transfer of trust property.

The official explanation of the principle of seeking approximation means that when the charitable purpose cannot be realized, the original charitable purpose can be changed to other purposes closest to the original charitable purpose, so that the charitable trust can continue to operate. This principle is similar to the situation change in China, the meaning of which is to realize fairness and justice through the intervention of judicial power. The value goal pursued by the principle of seeking approximation is to be as close as possible to the donor's original and most specific goal when the predetermined donation goal cannot be achieved. The application of the principle of seeking approximation in English courts mainly includes two aspects: one is to instruct the trustee of the charitable trust to use the trust property for this purpose for the purpose similar to the original intention of the donor; The second is to formulate a "plan" on how the charitable property is applicable. The principle of seeking approximation was originally applied only to courts, and the charity act of 1860 legally gave the charity board the same powers as the court of equity in applying the principle of seeking approximation. From the perspective of the origin of the principle of seeking approximation, it was initially included in the scope of judicial jurisdiction, which was exercised by the judicial organ, i.e. the judge of the English court of chancery according to his/her authority. After being endowed with the charity committee, it made it have obvious judicial characteristics in some specific functions.

"Quasi-judiciary", according to the existing interpretation, refers to those who are similar to the judiciary in substance or procedure, and is usually used to refer to the powers and behaviors of those who are not strictly courts or judges. These persons and groups have similar powers and discretion as courts or judges in cases involving administrative concession jurisdiction.

Britain and the United States are the typical countries to carry out the quasi-judicial system. In addition to the British charity commission, there are some agencies of the federal government in the United States, such as the federal trade commission, federal energy commission, federal telecommunications commission, etc., which are neither affiliated to the parliament, the judiciary, nor the executive branch, and become the "fourth department" apart from the three powers. Such institutions in terms of qualitative in administrative agencies, to abstract rules apply to specific events, at the same time enjoy the judicial power, can rule object is illegal under their jurisdiction, whether there is a need for prosecution, in addition, they also enjoy in their respective control field to formulate administrative regulations, standards, and put forward legislative proposals of legislative power.

Asian countries such as South Korea and Japan have similar organizations. The trademark judicial committee of intellectual property rights in South Korea and the trademark judicial committee of the Patent Office in Japan are all typical quasi-judicial organizations.

British charity law the charity commission is the government agency that competent civil public welfare undertakings, in essence, the charity commission first must be an administrative agency, but on the other hand, the charity commission in power source and is mainly used to approximate principle there is a lot different from the particularity of general administrative institutions, which determines that it can't be a purely administrative institutions. Through comparative analysis, we found that the charity commission and the British national judicial institutions have many similar place, has a strong legal features, we don't have to think of it as a completely pure administrative institutions, the most compelling should be to define it as a kind of with double characteristics on traditional administrative and judicial "quasi-judicial bodies". As a professional charity supervision organization, the quasi-judicial nature of charity committee is determined by its dual nature. After long-term exploration and continuous development, its ability and level have been significantly improved, and it plays a pivotal role in the supervision process of charitable organizations. A correct understanding and emphasis on the quasi-judicial characteristics of charity committees is of great theoretical and practical significance to accurately understand the role of charity committees in the British charity supervision system and give full play to their active role as quasi-judicial institutions.

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