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Some Research On The Legalization Of Chinese Non-governmental Orgnizations' Administration

Posted on:2012-06-17Degree:DoctorType:Dissertation
Country:ChinaCandidate:J LuFull Text:PDF
GTID:1116330332997405Subject:Legal theory
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Since the 1970s, the global "association revolution" has made non-governmental organizations be flourishing in nation states. With the development of Chinese reform, and the weakening social control of the state, prosperity comes back with the development of non-governmental organizations. In recent years, more and more autonomous organizations, such as consumers'association, the bar association, associations in different lines, and grass-rooted organization etc., have taken over the government's public management functions to exercise some power of the public administrative. These organizations are increasingly playing more and more important role in the economic and social life, mainly in saving poverty, protecting vulnerable groups, participating in social management and public affairs, promoting social progress and so on.Meanwhile, various social contradictions, social problems and conflicts of interest are revealed during the social transitional period. The booming pluralistic requirement in the society can not be met by the efforts of government alone. People find that the appearance of non-governmental organizations have made up for the deficiency of government's administration, upholding civil rights, monitoring and influencing the government's decision-making. As July Fisher said, higher level of social democracy, higher density of its non-governmental organizations.It can not be ignored that, as a social force, the NGO is an autonomous but rather loose organization. If they were supervised well and effectively managed, they may become a constructive force for the nation. On the contrary, if they are poorly managed, their side-effect may be beyond people's imagination, such as criminal activities, disturbing social order, and even endangering national security. The "color revolutions" occurred in central Asian countries have strongly confirmed this.Security and social order are some fatal goal for any sovereign state, while democracy, freedom, and human rights are also very important . Therefore, the main task of NGOs'administration is to deal with the relationship of the government and social organizations. Till now , any path of research for the issues of NGOs'administration can not cater for the need .In addition, the exercise of social autonomous rights is directly connected with the relationship between the basic rights of citizens and the power of state. In order to balance the two sides, it is urgent to search for a proper, reasonable, and effective institutional arrangement with minimal violations.In recent years, as a response and guidance for current social problems, there has been a broad scale research on non-governmental organizations from multi-disciplinary and multi-field perspectives of law, politics, and management in academic community. The means of research can be classified as community legislative, empirical study, community under government's management, and civil society, boosting the development of NGOs'theoretical study.However, the results of researches mentioned before still can not provide a satisfying solution for governments pursuing safety and ideal order. With the deepening concerns of NGOs in academic community, scholars have made breakthroughs in varying degrees, which reflects a demand for systems and mechanisms of systematic management with the rule of law. Such systems and mechanisms can meet government's requirements for security, and what is more important is that this thesis is so advanced and efficient for the problems of NGOs'administration to be radically solved.The initiative point to achieve NGO administration's legalization is to restrict and constraint state power, and finally guarantee and realize the basic rights of citizens by a serial institutional arrangement with idea of rule of law. Meanwhile, the activities of NGOs should be regulated by the rule of law, through the ways of administrative supervision, judicial supervision and social supervision. In this way, government could achieve the aims of security, legitimacy of the management of social rights, and support from the society.The essential problem which needs to be tackled for legalization of NGO's administration is to deal with the relationship between governments and NGOs in law framework, placing governments'legislative act, law enforcement, and various corporation on a legal track.To legalize the administration of non-governmental organizations contain four scale of meaning: Firstly, according to the principle of rule in law, the government has right to punish the violations of non-governmental organizations. Secondly, in order to prevent the abuse of administrative power, government itself should be subordinated to the legal system, in stead of re-enacting the law to adapt to its own interests in spite of law. Thirdly, the citizens must have the fair chances on using the right of social autonomy ,which means the government have the duty to cultivate the social organizations'autonomous ability in order to oppose those dominant groups or powerful groups controlling interest the NGOs. Besides, all of the autonomous organizations are equal in law. Finally, the judicial review should be imported to protect the right of autonomous behavior.Compared with other methods, the merit of legalization for Chinese NGOs' administration is more realistic and feasible. Firstly, since the social autonomous right of NGOs are originated from human rights, the features of human rights have determined that the realization of rights needs the state to be the subject of obligations. Secondly, just like any kind of right, the social autonomous rights have some shortcomings, which may threat our society if can not be constrained by law,. Thirdly, the development of market economy lay the foundation for the growth of social rights. The demands for the organized resources from market and society has enabled the limitation the state power as well as the cultivation and regulation of social rights. Fourthly, the rule of law is also a set of value system and social organizing pattern. Some distinguished features of the Chinese NGOs have made them so complicated that any single-prone analysis and method can not touch the nature and solve the key problem. While the method of legalization can overcome the limitation of any single-dimension method ,as well as reaching the institutional framework of multi-property problem, and solving them as well. Based on these cognitions and perceptions, I put forward the idea of legalization on the issue of NGOs'administration in China.This research will be carried out by the following means: Firstly, the research will draw in some advanced experience from other countries, whose fitting experience is beneficial for the research of NGOs in our country; secondly, the research will be developed by normative analysis method, through which discussing some specific problems on the present legislation, based on our current situation.With the beginning point of NGOs'rising in China, the paper puts forward the initiative idea that it is better to administrate Chinese NGOs by legalization under the framework of rule in law. Through analyzing the social effect of NGOs in social transition period, we draw such a conclusion that the rising of NGOs is a restraint and supplement for the state power in such period. We continuously make some theoretical discussions on the relationship between rule of law and social autonomy based on the relations between the state and the society. The idea of the necessity of promoting social autonomy for the benign interaction and complementation between rule of law and social autonomy in transformation period, as a premise, has been going through the article. In the thesis, I deepens the discussions on improving legislation, cultivating social autonomous capability of NGOs, regulating the behavior of social autonomy and rectifying the violation in social autonomy., finally proposing an efficient way of supervision ---- judicial system.Five parts constitute the whole thesis, introduction, the chapter one to three, and the conclusion. The part of introduction demonstrates and analyzes the origin of the topic, reviewing and summing up research situation of NGOs in China, while introducing the perspective of legalization of NGOs'administration.The first chapter is "general discussion of NGO". This chapter defines the concept of NGO, the rise of NGO in the western countries, the basic characteristics of NGO, the emergence and the social status and fetures of NGO in our country, and analyzing active and negative social effects of NGO.The second chapter is "the necessity of legalization of NGOs'administration". This chapter analyzes the necessity of legislative regulation and governance on social autonomous rights by discussing the relationship between rule-in-law and social autonomy with a cut point of relations between the state and society. On the basis, I analyzes the current situation and problems of NGOs'administration with the example of the Trade Union Law. Furthermore, I compare and draw some advanced experience abroad, and then it comes to be a conclusion that it is necessary and significant to legalize NGOs'administration in China. .The third chapter is "to accelerate the legalization process of NGO". Firstly, improving legislation makes NGOs'administration has scientific and feasible law to abide by. Secondly, social autonomy should be developed by cultivating the autonomous capacity. The government should regulate and supervise the autonomous behavior of NGOs strictly in the premise of encouraging and supporting their development. And judicial system needs to be introduced and improved, rectifying and punishing violations of NGOs, which is also a guarantee for autonomous rights to be exercised.This thesis ends with such a conclusion: NGOs'booming in China is a progress of social democracy and political civilization. An orderly, active and healthy system of NGOs is not only a symbol of social management and political civilization, but also a pressing requirement for social administration innovation and promotion of political civilization. Currently, the legalization of NGOs'administration is the best choice of solution ,compared with the issues mentioned above. Social administration demands for an innovation of management according to the inherent law of the market economy and social autonomy. The goal of innovation is to solve the prominent problems of misplacement of social administration and system lag, to reposition the relations between state power and social rights, and finally to realize the legalization of NGOs'administration.
Keywords/Search Tags:non-governmental organization, legalization, social autonomy
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