In recent years, Chinese charity is developing hotly,but the principle of double standard has added unnecessary difficulties to the establishment of Chinese charity,there is a single form of Chinese charity, the illegal corporative charity has not been defined effectively, there's an "illegal "phenomenon of Chinese charity. To some extent, the over cautious attitude of the government towards the non governmental organization and vague legislative rules to the non corporative charity restrict the development of charity work in China's economy.In order to smoothly develop China's charity and expand its scale and standardize this industry, it's very essential to set legal coexisting form of the corporative and non corporative charity and to clearly set rules,providing a good foundation for the establishment of China's structure of legal system of charity.