慈善组织高级管理人员忠诚义务研究
发布时间：2018-07-24 14:23
【摘要】：慈善组织作为近现代社会的新生力量,在平衡市场失灵以及弥补政府调控不力方面起着至关重要的作用。慈善组织的服务领域由最初的救济贫困发展到现在的各种公共利益,如教育、医疗、科学、环保事业等等。其发展速度之快和规模之大足以体现出我国经济的发展变化,也表现出国人道德素质的不断提高。在我国,中华慈善总会、中国红十字会、中国扶贫基金等十大慈善机构为我国慈善事业做出了巨大贡献,除了这些著名的慈善组织,在我国还存在大量的草根慈善组织,它们作为推进我国慈善事业发展的重要力量也不容忽视。慈善组织的快速发展适应现代社会的发展和需要,但其质量问题不容乐观。慈善组织的非营利性注定了其收入来源主要依靠社会爱心人士的捐赠、政府的财政支持以及组织的创收(不以营利为目的)。这种取之于民用之于民的中间组织,在筹集资金的过程中比较容易,社会大众不乏爱心人士。但是,如果慈善组织的诚信一旦受到怀疑,那么慈善组织在社会中的威信力将严重动摇,不仅会影响慈善组织的健康发展,还会大大挫败捐赠人士热衷于慈善事业的热情。这样就完全背离了慈善组织成立的初衷。为此必须研究慈善组织的约束机制,形成完备的内外运行机制,保障慈善组织的健康发展。在众多约束机制的研究里,慈善组织高级管理人员的义务研究能起到抛砖引玉的作用。慈善组织的高级管理人员是运行组织的主要力量,关系着组织的运行方向、发展进程、规模等。其对组织的忠诚义务是其对组织所负义务中最重要的一部分,因为慈善组织是非营利性组织,其所有收入都归组织所有,不分配到组织的成员当中,这就容易导致个人私利与组织集体利益的冲突问题,如何处理个人私利与集体利益的价值冲突是检验高级高理人员忠诚义务的重要标准。由于我国现代意义上的慈善组织起步较晚,研究慈善组织的领域又多集中在慈善组织的发展历史、与政府的关系、监管机制、约束机制方面,对组织高管的研究涉及很少,这就决定了不可避免的要借鉴相关领域的研究以此达到完善慈善组织高管义务的研究。慈善组织高级管理人员的忠诚义务主要体现在主观上对组织的事业持有善意态度,在客观上忠诚诚信地为或者不为一些行为。具体内容主要有主观善意义务;禁止侵占组织财产义务;禁止自我交易义务;禁止对外开展营利活动义务;对外信息公开义务。通过对慈善组织高管忠诚义务的研究,形成完备的忠诚义务规制机制,对于慈善组织监管研究、约束机制研究都有重要意义。为了更好的研究慈善组织高级管理人员忠诚义务,除了前言和结论部分,本文主要包含以下几部分内容。第一部分,慈善组织高级管理人员忠诚义务的概念界定与规制价值。此部分主要介绍与慈善组织高管忠诚义务相关连的一些基础概念。通过对慈善组织以及与慈善组织的相近概念的分析引出慈善组织高级管理人员的定义以及范围界定,然后论述规制慈善组织高管忠诚义务的规制价值,为整篇文章奠定理论基础。第二部分,慈善组织高级管理人员忠诚义务的理论基础。这部分主要运用对比分析法,先是比较分析了受托人与公司高管的忠诚义务的理论基础,然后研究了英美法系和大陆法系关于忠诚义务理论基础的不同观点,以此得出慈善组织高级管理人员忠诚义务的理论基础。第三部分,不同法律关系下高级管理人员忠诚义务。此部分是文章的重点之一,大篇幅介绍委托人、非营利组织高管、企业高管忠诚义务的内容,寻找这些组织与慈善组织的相同点,初步得出慈善组织高管的忠诚义务内容。第四部分,我国慈善组织高级管理人员忠诚义务的规制。作为文章的最后一部分,主要内容转到我国的社会现状,通过对我国慈善组织高管的规制现状分析,从中发现问题,找出问题解决的方案,提出法律上的建议,以此完善高管忠诚义务的内容规制。
[Abstract]:As a new force in modern society, charitable organizations play an important role in balancing market failure and making up for the poor regulation of government. The service fields of charitable organizations have developed from the initial relief poverty to the present public interests, such as education, medical care, science, environmental protection, and so on. Dazu reflects the development and change of our country's economy, and also shows the continuous improvement of the moral quality of the people going abroad. In China, the ten charity organizations such as the Chinese Charity Federation, the Chinese Red Cross Society and the Chinese poverty alleviation fund have made great contributions to the charity of our country. In addition to these famous charitable organizations, there are a large number of grass-roots charity groups in our country. As an important force to promote the development of philanthropy in China, the rapid development of charitable organizations can adapt to the development and needs of the modern society, but the quality of the charity is not optimistic. The non profit of the charitable organization is doomed to the source of its income, which mainly depends on the donation of the people of social love, the financial support of the government and the organization. It is easy to raise funds in the process of raising funds. However, if the integrity of the charitable organization is doubtful, the prestige of charitable organizations in the society will be seriously shaken, which will not only affect the health of the charitable organizations. The exhibition also greatly frustrates the enthusiasm of the donors who are keen on charity. It completely deviates from the original intention of the establishment of charitable organizations. Therefore, it is necessary to study the mechanism of the charitable organization to form a complete internal and external mechanism to ensure the healthy development of the charitable organizations. In the research of many restraining machines, the senior management of charitable organizations The duty research can play an important role. The senior management of the charitable organization is the main force of the organization, the direction of the organization, the process of development, the scale of the organization. Its loyalty to the organization is the most important part of its obligation to the organization, because the charitable organization is a non profit organization, and all its income is To organize all, not to be assigned to the members of the organization, this will easily lead to the conflict between personal interests and the collective interests of the organization. How to deal with the conflict of value between personal and collective interests is an important criterion for the inspection of the loyalty obligation of senior high school personnel. The field is concentrated on the history of the development of charitable organizations, the relationship with the government, the regulatory mechanism, and the constraint mechanism, which are seldom involved in the research of the senior executives. This determines the inevitable need to learn from the related fields to improve the research of the executive obligations of the charitable organizations. It is mainly embodied in subjectively holding a good faith attitude towards the cause of the organization. It is objectively and faithfully, or not for some behavior. The specific content is mainly the obligation of subjective good faith; it is forbidden to encroach on the property obligations of the organization; prohibits the obligation of self trading; prohibits the business of making profit from the outside world; the obligation of opening to the outside world. The study of Guan Zhongcheng's obligation forms a complete regulation mechanism of loyalty obligation. It is of great significance for the study of the supervision of charitable organizations and the study of the restraint mechanism. In order to better study the Loyalty Obligations of the senior managers of charitable organizations, this article mainly contains the following parts. The first part, the senior management of charitable organizations. This part mainly introduces some basic concepts related to the executive loyalty obligation of charitable organizations. Through the analysis of the similar concepts of charitable organizations and charitable organizations, the definition and scope of the senior managers of charitable organizations are drawn up, and then the regulatory charitable organizations are discussed. The regulatory value of the executive loyalty obligation lays the theoretical foundation for the whole article. The second part, the theoretical basis of the loyalty obligation of the senior managers of charitable organizations. This part mainly uses the comparative analysis method, first compares and analyzes the theoretical foundation of the loyalty obligation of the trustees and the company executives, and then studies the Anglo American law and the continental law system. The different views on the basis of Yu Zhongcheng's obligation theory, in order to get the theoretical basis of the loyalty obligation of the senior managers of the charitable organization. The third part, the loyalty obligation of the senior managers under the different legal relations. This part is one of the key points of the article, and introduces the content of the principal's Loyalty Obligations of the principal, the non-profit organization and the executive, and the search for the content of the loyalty obligation of the executives. The same points of these organizations and charitable organizations, preliminarily draw the content of Loyalty Obligations of the executives of charitable organizations. The fourth part, the regulation of the loyalty obligation of the senior managers of our charitable organizations. As the last part of the article, the main contents are transferred to the social status of our country, and through the analysis of the current situation of the regulation of the executives of our charitable organizations, it will be issued from the middle school. Now, we should find out the solutions to the problems and put forward legal proposals to improve the content regulation of the Loyalty Obligations of executives.
【学位授予单位】：聊城大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D632.9
本文编号：2141658
[Abstract]:As a new force in modern society, charitable organizations play an important role in balancing market failure and making up for the poor regulation of government. The service fields of charitable organizations have developed from the initial relief poverty to the present public interests, such as education, medical care, science, environmental protection, and so on. Dazu reflects the development and change of our country's economy, and also shows the continuous improvement of the moral quality of the people going abroad. In China, the ten charity organizations such as the Chinese Charity Federation, the Chinese Red Cross Society and the Chinese poverty alleviation fund have made great contributions to the charity of our country. In addition to these famous charitable organizations, there are a large number of grass-roots charity groups in our country. As an important force to promote the development of philanthropy in China, the rapid development of charitable organizations can adapt to the development and needs of the modern society, but the quality of the charity is not optimistic. The non profit of the charitable organization is doomed to the source of its income, which mainly depends on the donation of the people of social love, the financial support of the government and the organization. It is easy to raise funds in the process of raising funds. However, if the integrity of the charitable organization is doubtful, the prestige of charitable organizations in the society will be seriously shaken, which will not only affect the health of the charitable organizations. The exhibition also greatly frustrates the enthusiasm of the donors who are keen on charity. It completely deviates from the original intention of the establishment of charitable organizations. Therefore, it is necessary to study the mechanism of the charitable organization to form a complete internal and external mechanism to ensure the healthy development of the charitable organizations. In the research of many restraining machines, the senior management of charitable organizations The duty research can play an important role. The senior management of the charitable organization is the main force of the organization, the direction of the organization, the process of development, the scale of the organization. Its loyalty to the organization is the most important part of its obligation to the organization, because the charitable organization is a non profit organization, and all its income is To organize all, not to be assigned to the members of the organization, this will easily lead to the conflict between personal interests and the collective interests of the organization. How to deal with the conflict of value between personal and collective interests is an important criterion for the inspection of the loyalty obligation of senior high school personnel. The field is concentrated on the history of the development of charitable organizations, the relationship with the government, the regulatory mechanism, and the constraint mechanism, which are seldom involved in the research of the senior executives. This determines the inevitable need to learn from the related fields to improve the research of the executive obligations of the charitable organizations. It is mainly embodied in subjectively holding a good faith attitude towards the cause of the organization. It is objectively and faithfully, or not for some behavior. The specific content is mainly the obligation of subjective good faith; it is forbidden to encroach on the property obligations of the organization; prohibits the obligation of self trading; prohibits the business of making profit from the outside world; the obligation of opening to the outside world. The study of Guan Zhongcheng's obligation forms a complete regulation mechanism of loyalty obligation. It is of great significance for the study of the supervision of charitable organizations and the study of the restraint mechanism. In order to better study the Loyalty Obligations of the senior managers of charitable organizations, this article mainly contains the following parts. The first part, the senior management of charitable organizations. This part mainly introduces some basic concepts related to the executive loyalty obligation of charitable organizations. Through the analysis of the similar concepts of charitable organizations and charitable organizations, the definition and scope of the senior managers of charitable organizations are drawn up, and then the regulatory charitable organizations are discussed. The regulatory value of the executive loyalty obligation lays the theoretical foundation for the whole article. The second part, the theoretical basis of the loyalty obligation of the senior managers of charitable organizations. This part mainly uses the comparative analysis method, first compares and analyzes the theoretical foundation of the loyalty obligation of the trustees and the company executives, and then studies the Anglo American law and the continental law system. The different views on the basis of Yu Zhongcheng's obligation theory, in order to get the theoretical basis of the loyalty obligation of the senior managers of the charitable organization. The third part, the loyalty obligation of the senior managers under the different legal relations. This part is one of the key points of the article, and introduces the content of the principal's Loyalty Obligations of the principal, the non-profit organization and the executive, and the search for the content of the loyalty obligation of the executives. The same points of these organizations and charitable organizations, preliminarily draw the content of Loyalty Obligations of the executives of charitable organizations. The fourth part, the regulation of the loyalty obligation of the senior managers of our charitable organizations. As the last part of the article, the main contents are transferred to the social status of our country, and through the analysis of the current situation of the regulation of the executives of our charitable organizations, it will be issued from the middle school. Now, we should find out the solutions to the problems and put forward legal proposals to improve the content regulation of the Loyalty Obligations of executives.
【学位授予单位】：聊城大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D632.9
【参考文献】
相关期刊论文 前1条
1 麻广;翁盈超;;中外信托法中受托人义务比较考察[J];甘肃政法成人教育学院学报;2006年03期
，本文编号：2141658
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