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财团法人制度在我国民法中没有相应的规定,该制度仅在学说中有具体的论述。在当前社会,慈善事业已经备受公众瞩目,它作为公益事业的领军者和公共职能的担当者,为实现社会的公平正义和共同发展起到了重要的作用。然而,财团法人,或者说基金会的立法已经远远地落后于实践,已经颁布的法规位阶也比较低,难以树立权威从而发挥其执行的力度,因此有必要使财团法人制度在立法上得到彰显和承认。
The system of consortia corporation has no corresponding stipulation in the civil law of our country. The system is only discussed in the doctrine. In current society, philanthropy has received much public attention. As a leader of public welfare undertakings and a leader of public functions, philanthropy has played an important role in realizing social fairness, justice and common development. However, the foundation of the consortium, or the foundation’s legislation, has lagged far behind the practice. The level of laws and regulations that have been promulgated is relatively low and it is difficult to establish the authority to exert its enforcement. Therefore, it is necessary to make the consortium legal system Highlight and acknowledge.