非公益募捐作为对特定困难个体的爱心捐助行为,对于我国的社会救助和社会保障起到了补充作用。然而在现实中由于立法的缺失,非公益募捐所引发的矛盾和纠纷不断产生,其中余款归属问题争议最大。本文提出借助公益信托的近似原则来构建余款归属制度,以使捐助者的爱心得到保护,使非公益募捐目的更好地实现。 Non-charitable fund-raising, as a donation of love to individuals with particular difficulties, complements our social assistance and social security. However, in reality, due to the lack of legislation, conflicts and disputes caused by non-profit fund-raising continue to occur, and the issue of ownership of the remaining funds is the most controversial. This paper proposes that the principle of public trust should be used to construct the ownership of surplus funds so that the love of donors can be protected and the non-public donations can be better realized.