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个人求助在生活中屡见不鲜,个人向社会求助获得善款,在本质上属于社会捐赠合同。但目前争议较大的是剩余的善款该如何处理?鉴于个人求助不在《慈善法》的监管范围之内,剩余的善款得不到有效处理。本文着重探讨善款的法律属性,并根据其法律属性以及现实情况提出解决剩余善款的建议。
Personal help in the commonplace in life, individuals seeking help for the community to get money, in essence, belong to the social donation contract. However, what is the controversial issue at present is how to handle the remaining donations? In view of the fact that individual solicitation is beyond the scope of the “Charities Law,” the remaining proceeds can not be effectively dealt with. This article focuses on the legal nature of money donations and suggests ways to solve the remaining money based on its legal attributes and realities.