A Study On The Rule Of Law In The Management Of Social Organizations In China

The theme of this paper is the legalization of the management of social organizations and will lead to an intensive study from the unique perspective of the Communist Youth League of China. Fourth Plenary Session of 18 th CPC Central Committee passes " Decision Concerning Some Major Questions in Comprehensively Promoting Governing the Country According to Law" to promote multi-level and multi-field of governance according to law...... and administrative bodies may not establish powers outside of the law, they may not decide to reduce the lawful rights and interests of citizens, legal persons and other organizations without a basis in law, or add to their burdens. Establish sound social organizations to participate in social affairs, maintain public interests, ensure the residents have the basic necessities of life, help special populations, and establish mechanisms of Crime-Prevention and state-predominated modernization. Give support to the organizations as Chamber of Commerce in order to develop trade self- discipline and professional services function. Play the social organizations’ role of behavior guidance,rule constraint and rights and interests maintenance.....". So how to implement an appropriate way of Mechanism Management, provide the appropriate service for social organizations, guarantee them playing a positive role to get out of the predicament of "to be caught dead, put random", and realize the ordering and legalization of the management of social organizations. This is a major subject in front of us.This paper is divided into five parts:The introduction part shows the research background and main research context, combs and evaluates the research on the legalization of the management of social organizations in academic circles. Through comparing and analyzing several concept widely used by the western academic circles, such as "Social Organization ", "folk organization", "non-profit organization", "non-governmental organization" and "association " in civil law, and Put forward the main research object based on the analysis of the characteristics of social organization-- social organization, including the those in general sense and the specific social organization represented by the Communist Youth League of China. Social organization in General sense refers to those organizations which should be registered in a certain government departments according to "Management of the Registration of Social Organizations ". Specific social organizations refers to those social organizations that do not need to be registered, including trade unions, Communist Youth League, Women’s Federation, Association for Science and Technology, Federation of Returned Overseas Chinese, Taiwan Solidarity Union, Youth Union, Federation of industry and Commerce etc.——which are the members of the people’s Political Consultative Conference.The first chapter is about the predicament of the legalization of the management of social organizations,and it discusses from three dimensions. Firstly, combs the evolution of Chinese social organization historically, analyzes the current situation, the predicament and the causes of that at each stage. Secondly, summarizes the difficulties and problems of the management of social organizations, and points out the current management mechanism on the advantages and disadvantages of law and the management aspect. Thirdly, after theoretically reviewing the present and the past problems of the management of social organizations, this chapter is committed to make a deep understanding of the theoretical basis of the causes of those predicaments, showing how the theory of civil society, the theory of freedom of association, pluralism and corporatism impact the governance of social organizations in China, and make a brief assessment. Based on the analysis of the above three dimensions, we can make a conclusion that the reason of the predicament of the legalization of the management of social organizations includes the dual management implemented by both registration department and the management authorities, and the lack of legal protection restricts the development of social organizations.The second chapter is about the legal attribute of the social organizations. To solve the dilemma of the legalization of social organization management, we must explain the function of those organizations firstly, and it is quite clear that the orientation of the function determines the relationship between social organizations and public power. The functions of social organizations in the political, economic, social and cultural make the social organizations have the characteristics of public power while exercising their power, which is partly transferred by the government. The transferred power is different from that owned by the government. There should be a more complete legal system for the distinction of the two on their function, content and definition while they are in the operation of public power. The management authority of the social organizations must be maximized its positive effect. To achieve that, we should make a deep discussion of the legal responsibility of social organizations. In the meantime, reduce the negative effects of it through perfect legislation.The third chapter is about one of the solutions to "legalization",emphasizing on those in general sense, which are adjusted by the "Regulations for the registration and administration of social organizations". Starting from the issue of legitimacy, the thesis is trying to establish an analyzing framework, including the social, administrative, political and organizational legitimacy, point out a large amount of grassroots social organizations can’t obtain legal status and protection because of the high threshold of the current management mode and the inequality of social status,even if they had been legal in the sense of purpose and activities. Therefore, the predicament of the legalization of the management of social organizations is the conflict between the essential and the formal legitimacy. Finally,the thesis suggest the internal and external ways to solve the problem.The fourth chapter discusses the second solution to "legalization ",focusing on those specific social organizations which are exempt from being registered required by "Regulations for the registration and administration of social organizations". And discusses the solution to the specific social organizations from the view of Communist Youth League, this chapter explores the relationship between the ruling party, the government and points out that the Communist Youth League has the dual attributes of politics and public service. Because of the lacking of legal support, there are "outside the rule of law" while the Communist Youth League is playing its role of social function, which is not that smoothly. On one hand, this chapter enumerates the power and obligation of the Communist Youth League, and the provisions of its legal responsibility to ascertain its legal attribute. On the other hand, by using the theory of soft law norms to guide China Communist Youth League to operate in a better way, and lead the specific social organizations to the way of legalization.