现行的彩票公益金监管模式在于确保公益目的的实现,行政化色彩浓厚。其存在被挤占的现实性、行政管理的封闭性和使用效率不高的问题。本报告认为进行民法改造只是一种可能性,或可选择“公益信托+基金会”。公益信托使彩票公益金转换为彩票公益基金在法律上成为可能。基金会的制度关键要素设计的开放化、制度运行的扁平化、理事会或者委员会议事的社会参与,能够增加制度运行的透明度、提高绩效和科学性,且社会福利社会化有利于实现彩票公益金监管公开、公平、公正和高效运行的目标。
<<The current lottery public welfare fund supervision system is to ensure the realization of the purpose of public welfare,but its tendency of departmental interest and the administrative is strong. The shortcomings of this kind of system are obvious,which can be manifested as that the lottery public welfare fund is crowded out,and the process of administrative management is interlized,focusing on the department’s interests and not easy to be supervised. Civil law reform is a possibile way to reform,and the way of “public trust+foundation” be choosed. Charitable trusts can legally convert lottery public welfare funds into lottery charity funds. Some changement will take place if the refomation is executed,which can be described as the openness of key elements of the foundation’s system,the flattening of its operation,and the social participation of councils or committees,and so on. Under this system,the interests of various departments will be taken into account,and the transparency,effectiveness,and scientificity of the system’s operation will be increased. All these changements will lead to the realization of openness,fairness,justice and more efficient operation of lottery welfare fund supervision.
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