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Study Of The Basic Legal System For Non-profit Organization

Posted on:2005-06-02Degree:DoctorType:Dissertation
Country:ChinaCandidate:L CaiFull Text:PDF
GTID:1116360125951784Subject:Economic Law
Abstract/Summary:PDF Full Text Request
non-profit organizations(NPO)in China have been quickly developing after the 80's of 20 centuries, but quick development of NPO didn't cause academe's concern until the middle 90's of 20 centuries. Currently, The academic research on NPO have obtained certain progress, which is the basic of future research on NPO in China, but the research on NPO in China lays emphasis on substantial evidence analysis of organization theory and administration management, the research on law of NPO still seems to be very weak.In regard to Chinese current condition, relevant law of NPO is far after the NPO's quick development, the research should play a important role to perfect NPO law, Perfect law system is premise of order and guarantee of NPO's. health development. Unprecise, excessive limit, absurdness and unpredictable are key problems of Chinese NPO law, which limits the potential development of NPO. In view of this, from the standpoint of development of NPO, this paper researches many basic NPO law problems. From the standpoint of acknowledging NPO's social functions, in order to construct independent, professional and transparent environ- ment of NPO law, enhance NPO self-regulation, this paper studies many basic law problems of NPO. Through comparative study, this paper analyzes present Chinese NPO legal system, and put forward the homologous views.This text is about 210,000 words, totally eight chapters.Chapter 1 is an introduction part. This chapter makes an assessment on present research on NPO in our country, gives the definition of NPO, defines research range of this paper.Chapter 2 comments the history and theories of NPO. This chapter points out that, the rise of NPO in China, which is different from the development path of NPO in western countries, has characteristic system background, expatiates the historical inevitability and necessity of NPO's existence from the view of the social functions in China.Chapter 3 thoroughly studies social functions of NPO. This chapter points out that, NPO is various and has much functions. Taking NPO's functions in the environment and social welfare as an example, this chapter makes thorough analysis of NPOs function in the social fairness and social development.Chapter 4 is NPO accountability mechanism. The author thinks that, NPO needs government regulation, systemized self-regulation of NPO benefits the developmentof civil society, the relation between regulation and self-regulation of NGO is different in different government-NPO relationship, emphasizes the self-regulation on the base of some government-regulation is a right path to realizes NPO accountability, discusses accountability system of NPO in our country, pointing out that, NPO law and government rules in China already have been back of NPO's development; the self-regulation mechanism of NPO in China should be enhanced, suggests measures for government how to perfect NPO accountability mechanism.Chapter 5 is a research of NPO qualifications. Through comparison studies, after totally and fully understanding foreign NPO law related to NPO qualifications, this chapter analyzes Chinese NPO law system related to NPO structure, management body ,terms and procedures of registration in details.Chapter 6 is NPO's structure and operating regulations. Chinese NPO law is lacking in some important rules, including limitation of self-deal, prohibition of distribution of profit, expenditure rules system, information disclosure system etc.. So, the author, after theory analyses, introduces foreign related law system, hereafter studies the institutional shortage of Chinese NPO law and try to find out the way to perfect our NPO law.Chapter 7 is study of regulation on NPO's unfair competition. There is NPO's unfair competition problem. The author analyzes the funds condition of NPOs in our country, thinks that, in order to make benefit to NPO's development, the government should allow NPOs in our country proceed business activities, meanwhile latent possibility of NPO's unfair competition also should be taken into co...
Keywords/Search Tags:Organization
PDF Full Text Request
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