主办单位:成都体育学院
ISSN 1001-9154 CN 51-1097/G8

Journal of Chengdu Sport University ›› 2022, Vol. 48 ›› Issue (1): 73-78.doi: 10.15942/j.jcsu.2022.01.012

• SPECIAL TOPICS OF SPORTS INDUSTRY • Previous Articles     Next Articles

Sports foundation property ownership and legislative choice ——Based on the concept of public trust legal person

ZHANG Wenge   

  1. Dalian Maritime University,Dalian Liaoning 116026
  • Received:2021-07-06 Revised:2021-11-10 Online:2022-01-15 Published:2022-01-30

Abstract: The property ownership of sports foundation is not clearly defined in the existing legislation, so the property value and function cannot be clearly defined by law. Although the general provisions of the civil law listed the legal status of foundations as non-profit legal persons, such legal persons could not reflect the value tension and public trust function of sports foundations. In the special laws such as the trust law, they were listed and expressed by public welfare behaviors and social organizations in a macroscopic way. In this case, in order to maximize the public value tension and property trust function of sports foundation, and to clarify its property ownership, the legislation should choose the specific legal person type that conforms to sports foundation. Therefore, the legal person status and property ownership of sports foundation should be coordinated in the legal system, and the legislative expression in the special law should be: sports foundation is a non-profit public trust legal person and enjoys the property ownership of the legal person.

Key words: Sports foundation, Ownership of property, Legislative options, As a legal person, Public trust

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