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2 results

  • 2 - Chinese Charitable Trusts as Public Law–Private Law Hybrids

  • Hui Jing, The University of Hong Kong
  • Book:
    The Governance of Chinese Charitable Trusts
    Published online:
    24 August 2023
    Print publication:
    07 September 2023, pp 39-65

  • Summary

    This chapter analyses the legal nature of the charitable trust model and the implications that such analysis has for the governance of charitable trusts. It is found that, in Chinese charitable trusts, private law norms are always subordinated and subject to public law norms, and that charitable trusts are always operated in alignment with the public welfare policy of the state. Aside from governance in law, the chapter also identifies the connection between governance and practice, based on the fact that trust parties and regulators tend to adopt strategies to protect their interests from being adversely affected in the implementation of the law. In light of the ways in which trust parties and regulators engage with the law and the hybrid nature of charitable trusts, this chapter finally proposes three perspectives that are relevant to the understanding of charitable trust governance: legal, administrative, and contractual. These perspectives are then expanded upon in Chapters 3–5.

The Governance of Chinese Charitable Trusts
  • Hui Jing
  • Published online:
    24 August 2023
    Print publication:
    07 September 2023
  • Legislators in China introduced the charitable trust model in 2016 with the passage of the Chinese Charity Law. They constructed a new legal framework for this model, in order to unlock the potential of trust institutions to further and develop charitable causes. This is the first English-language monograph exploring the governance of Chinese charitable trusts from the perspective of law and sociology. Through the application of doctrinal analysis and semi-structured qualitative interviews, this book reveals that China's particular political, social, and economic conditions are essential to understanding the legislated governance framework for charitable trusts and its implementation in practice. Embedded in China's unique institutional context, the governance of Chinese charitable trusts can only be fully understood in light of relevant law, administrative practice, and private actions taken by charitable trust parties.