Plight Of The Rule Of Law And Countermeasures For Non-government Organizations Participating In The Public Crisis Governance In China

The NGOs are social public organizations established by law, possessing the characteristic of non-government, non-profit, voluntary, autonomy and public-benefit and committed to solve social problems and providing public services. As the backbone of the civil society, the NGOs make up for government and market failure. In the interests of the diversification, multi-centre of power, and social crisis, the networking complexity of our society, non-governmental organizations play important roles in integrating social interests, taking part in society governing, protecting social stability and promoting social harmony. Therefore, from the perspective of law, studying the non-governmental organization taking part in the public crisis governing not only has important theoretical value, but also has positive effect on the reality.Based on the existing literature, paper mainly adopts documents and empirical research methods. Paper explained the meaning of NGOs and the public crisis management more scientifically firstly. It figures out the role and function of NGOs in the field of public service. Through the analysis of the government failure and the market failure, civil society, governance, the new public service theory and present situation of China's public crisis management, the author provides theory and practical basis of non-governmental organizations participating in public crisis management ; Secondly, from the legislation, enforcement, judicial and supervision these four dimension analyzing the trouble of rule of law of the NGOs participating in public crisis management, such as the low level of legislation and lag of legislation, high admittance threshold, the shortage of non-governmental organizations rights provisions; heavy registration light management on law enforcement, low level of law enforcement , imperfect of fundraising law enforcement mechanism and heavy control light cooperation; The scope of accepting cases of administrative litigation judicial is narrow, administrative reconsideration turns out to be a mere formality; in the process of supervision, we found the difficulties in the internal supervision and the absence of outside supervision ; Thirdly, from historical and realistic factor ,the author analyze the reasons of the trouble of rule of law, such as in historical reasons ,lacking of non-governmental organization culture environment and full of the thought of ranking; realistic reason has limitations of legislative idea, lag of relevant theories and due to NGO's own reasons such as lack of independence, ideas and social credibility; Finally, in combination with our NGOs development and environment of the rule of law, learning from foreign countries'successful experience, this paper puts forward some measures from the aspects of ideological concept , the legislation enforcement, judicial and supervision: government should change the prejudice about non-governmental organization and change duty-oriented perspective into authority standard; the government should establish and optimize regulations on NGOs and give them more substantive rights; raising the overall quality of law enforcement officers and improve their ability to enforce the law, perfecting the fundraising law enforcement mechanism and cooperation management system; Enlarging the scope administrative judicial relief, strengthening the administrative reconsideration functions; through strengthening the internal and external supervision for non-governmental organizations, it can provide an orderly, forceful and effective law environment for NGOs participating in public crisis management effectively.