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由于社会募捐与公益捐赠、救灾捐赠均存在明显区别而排除了可参照适用的法律,且理论和实务界又均主张从其法律性质上进行分析,但因众所纷纭而使得其剩余财产归属不能得到很好的处理。本文从社会募捐的法律性质入手,分析不同学说下募捐剩余的归属情况,指出司法实践中以社会募捐的法律性质判断剩余归属的难以操作性,当务之急是通过法律拟制来定纷止争。
As there is a clear difference between social fund-raising and public welfare donations and disaster relief donations, the applicable laws can be ruled out, and both the theoretical and practical circles advocate the analysis of their legal nature. However, due to the divergence of opinions, the remaining property can not be attributed Get well handled. This article starts with the legal nature of social fundraising, analyzes the ownership of the remaining funds under different doctrines, and points out that the legal nature of social fundraising in judicial practice is difficult to manipulate the remaining ownership. The most urgent task is to settle disputes through legal formulation.