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公益信托和为第三人利益合同制度是公益法人受益人监督权利赖以产生和构建的重要理论基础。两种制度中受益人法律地位存在不同的特点,这决定了公益法人受益人监督权利的构建与行使应以公益信托法律制度为基础并以合同法为补充。受益人特定化是公益法人受益人监督权利获得和行使的必要条件。我国立法应在公益法人受益人特定化的参考标准以及受益人监督权利范围及其行使等方面予以改进。
The public welfare trust and the benefit contract system for the third party are the important theoretical basis for the creation and construction of the right of supervision of the beneficiary corporation. The legal status of the beneficiaries in the two systems has different characteristics, which determines that the construction and enforcement of the right to supervise the beneficiaries of public-interest corporations should be based on the legal system of public welfare trusts and supplemented by the contract law. The specialization of beneficiaries is a necessary condition for the beneficiary of public interest corporation to obtain and exercise supervisory rights. The legislation of our country should be improved in the reference standard of the beneficiaries of public-interest corporation and the scope of beneficiary’s supervisory authority and its exercise.