社会募捐作为政府及社会大力倡导的公益行为,在现阶段的法律适用上缺乏可参照的具体规定,使得募捐运行过程得不到监管及产生大量余额归属纠纷,这也是社会募捐研究的热点问题。本文将其法律性质的众多学说与处理余额归属的关系、监管制度的缺失及建议进行归纳和梳理,指出定纷止争的当务之急应是完善相关法律制度。 As a nonprofit advocacy advocated by the government and society, social fundraising lacks the specific rules that can be referred to at the current stage of application of law, making the process of fundraising unsuitable for supervision and generating a large amount of ownership disputes. This is also a hot issue in the research of social fundraising. This article summarizes and analyzes the many theories of legal nature, the relationship between the ownership of the balance and the absence of the regulatory system, and the suggestions. It is pointed out that the top priority of the dispute should be to perfect the relevant legal system.