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社团式公益法人董事会是公益法人执行机构。财团式公益法人董事会在公益法人治理结构中的法律地位相对比较复杂,既可能是执行机构,也可能是决策机构。两类公益法人董事会法律地位上的差别,决定了社团式公益法人和财团式公益法人董事会职权配置内容差别,更导致了公益法人董事会与其经营管理机构之间关系的不同。公益法人董事会职权配置既是对营利法人董事会职权配置借鉴的结果,又体现了对其自身特点的兼顾。
Community-based public welfare corporation board is the executive body of public welfare corporation. The legal status of the public welfare corporation’s board of directors in public interest corporations is relatively complicated. It may be both an implementing agency and a decision-making organ. The difference of legal status between the two types of public-benefit corporation’s board of directors determines the difference of the power and authority configuration between the public-service corporation and the non-profit corporation, which leads to the difference between the board of directors and the management organization. The allocation of power and authority of the board of directors of public-interest corporations is not only the result of using the power of the board of directors of profit-making corporations, but also the consideration of its own characteristics.