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随着慈善组织商业活动日益普及,慈善组织的行为边界发生了变化,同时也造成了监管上的真空。然而,在我国出台的慈善法中并未对此现象给予因应。文章结合国外立法经验及国内慈善组织的现实情况,运用类型学分析总结出慈善法商业活动的不同类型及进行规制设计的关键点,相应地给出立法建议。
As the commercialization of charitable organizations has become more widespread, the boundaries of charity behavior have changed as well as creating a regulatory vacuum. However, this phenomenon has not been dealt with in the charity law promulgated in our country. Based on the experience of foreign legislation and the actual situation of domestic charities, the article summarizes the different types of charity law business activities and the key points of the regulatory design by means of typology analysis, and gives legislative suggestions accordingly.