A Study On The Legal Problems Of China's Social Organization's Access Regulation

With the pace of reform of the functions of our government,civic awakening of consciousness and entrepreneurship training,social forces continue to rise,an endless stream of various social organizations in the public service sector plays an indispensable social responsibility.However,China's current law has lagged behind the development of social organizations,the most obvious is the social organization access system has not been effective establishment,registration and approval system management continuity,so that legitimate social organization "administrative" and "monopoly" of grassroots community Organization "free".But under the limited government,forced to make up for the lack of public goods supply needs,should take an open and inclusive attitude to allow social organizations to enter;under the responsibility of the government,based on the maintenance and protection of public interests,social organizations must enter a certain standard and procedures;Under the rule of law government,from the social organization access system,can effectively overcome the government bias,correct social moral crisis.China's social organization related legislation,such as "community registration management regulations","private non-enterprise unit registration management regulations","Foundation Management Regulations",attaches great importance to the registration system under the national management,lack of social organization access concept.At the same time,the General Principles of Civil Law of the People's Republic of China have just passed the legal concept of non-profit legal person for the first time and limited its contents to public institutions,social organizations,foundations and social service institutions,Therefore,social organization access supervision should pay attention to the system of convergence and integration.Free,spontaneous social organization is hampered by the lack of adequate and accurate information by the existing registration entity system and procedural matters,and those social organizations attached to the executive or other economicorganizations are able to easily obtain sufficient information and obtain legal registrationRecognition matters a legitimate social organizations not only have the name,activity area,etc.,but also the material conditions of accommodation,activities and funding,which for most of the establishment of small and medium sized social organizations heavier burden.It is not conducive to stimulate the enthusiasm of social forces to solve social problems.At the same time,the social organizations that want to obtain legal protection need to be affiliated with the administrative units and obtain the legal documents of the administrative units in order to obtain legal registration.This not only can not supplement the lack of public goods supply caused by market failure,but may be a new way to destroy the market fair,just,open,reasonable,lawful and orderly social organization access system design without delay.Throughout the world,countries combined with local cultural traditions and realistic needs,create and constantly improve its social organization access to the legal system,but also for our country to provide a reference experience.English non-profit organization access is independent of development,competition,innovation and development,self-development trend;Japan's non-profit organization access system is a kind of non-profit organization access is a kind of There is a hierarchical,classified,convertible,inclusive access model;China's Hong Kong region itself has a good charitable and cultural basis,so the social organization access is both a legal system and a habit and culture;China Taiwan area organization of scientific access,strict supervision,community evolution,the impact of globalization is also worthy of our discussion and reference.China's social organization unified legislation is the trend,and access legislation is its premise and foundation.First,the construction of the legal system of social organization access should follow the concept of social organization incentives;Second,in order to effectively solve the current grassroots social organizations,offshore organizations,cottage organizations and other issues,should be appropriate to reduce the social organization access standards;Again,we should improve access to social organization,and gradually promote the direct registration system,appropriate to retain approval and registration systemFinally,it should ensure that social organizations access to information disclosure,protection of public supervision and the right to know.