The Typological Legitimacy of Nonpublic Fundraising Foundations

Abstract

As an emergent type of charitable organizations, nonpublic fundraising foundations (非公募基金会) are questioned on its legal entity – on whether nonpublic fundraising foundations qualify as a valid type of charitable organizations. In terms of its origin, nonpublic fundraising foundations emerged in China as a product of the mixture of history, reality and imported elements. Fundraising, a key word in the term, is not a right but a duty. The problem with nonpublic fundraising foundations is the overstress on the concept on the one hand and the ignorance of the institution on the other. The solution lies in setting up a sound and clear institution, so as to form an organic system of charitable organizations. The fact that nonpublic fundraising foundations are hardly supported in the existing theories of legal personality reflects the need to reform relevant aspects in the legal system.