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Simon, Karla W. --- "Developing Issues in the Regulation of Public Benefit Organisations in Japan and China" [2010] ELECD 675; in McGregor-Lowndes, Myles; O’Halloran, Kerry (eds), "Modernising Charity Law" (Edward Elgar Publishing, 2010)

Book Title: Modernising Charity Law

Editor(s): McGregor-Lowndes, Myles; O’Halloran, Kerry

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781849802505

Section: Chapter 5

Section Title: Developing Issues in the Regulation of Public Benefit Organisations in Japan and China

Author(s): Simon, Karla W.

Number of pages: 8

Extract:

5. Developing issues in the regulation
of public benefit organisations in
Japan and China
Karla W. Simon1

INTRODUCTION

Japan and China ­ two civil law2 countries ­ are in the process of develop-
ing new legal regimes for public benefit organisations, which are some-
times known as charities in the common law world. The designations of
these new types of organisations vary in translation:

In Japan they are called public benefit or public interest organisations;
there is also a chapter on `charitable' trusts in the Law on Trusts.
In China the term `public welfare' (gong yi) is generally used; there
is a chapter on charitable trusts in the Law on Trusts; and work is
being done to develop a `charity' (cishan) law.3

What is meant in general is a subset4 of not-for-profit legal entities that
meet the definition of public benefit used in Anglo-American law.
In a civil law regime there are generally two legal forms of not-for-profit
legal person ­ associations and foundations. Associations are groups of
persons, while foundations have an endowment. Thus, for example, the
German Civil Code provides for both registered and unregistered associa-
tions and for foundations. Foundations are, however, regulated under the
laws of the German states (Länder).5
The similarities between the formal legal regime in China and that of
Japan are worth emphasising to the extent of the structural elements of
the Civil Codes adopted in Japan at the end of the 19th century and in
Republican China ...