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针对社会分配不公和贫富分化加剧的社会实际,学者们提出“第三次分配”理论。“第三次分配”作为社会财富的分配机制,以公益捐赠、慈善事业和志愿服务等为主要内容,与前两次分配立法在调整范围等方面存在不同。目前“第三次分配”法律体系已初具规模,但是仍存在诸多缺陷和不足,影响其功能发挥。针对“第三次分配”立法的不足和相关法制发展的实际需要,有必要采取加快慈善和志愿服务统一立法,形成公益慈善和志愿服务法规体系,制定公益募捐法取代现行《公益捐赠法》等措施。
In view of the social unjust distribution and the worsening division between the rich and the poor, scholars have proposed the theory of “third distribution.” As the distribution mechanism of social wealth, public welfare donations, charities and volunteer services are the main contents of the “third distribution”, which are different from those of the former two distribution legislation in adjusting the scope. At present, the “third distribution” legal system has taken shape, but there are still many shortcomings and deficiencies that affect its function. In response to the lack of legislation on “third distribution” and the actual needs of the development of relevant legal systems, it is necessary to speed up the unification of legislation on charities and volunteer services, form a system of public welfare charities and voluntary service regulations, and formulate a public welfare fund-raising law to replace the current “ ”And other measures.