On The Third Sector Of The Economy Right To Intervene

The reform and opening in China is not only the freedom of economic resources, but also the release of thought of people and the release of government power. The release of government power means the power of government will not involve all the realms of social life. But if government will not offer some community services, then which organizations can offer? The author thinks the third sectors can offer community services which the government can not offer or need not offer. The reasons are that, market economy in China makes development of economy and society, and people need more community services. Government can not satisfy all the community services, the third sectors can satisfy some, so, the third sectors become the providers of some community services.The functions of the third sectors in foreign countries, especially in western countries have emerged for some years. They help government offer community services, reflect people's opinions and help to solve people's bothering. In western countries, market—government—the third sectors compose three powers to support development of society evenly.In China, the third sector is new phenomenon. People know it 20 years ago. But in recent years, with the reforms of economic and political realms, the functions of the third sectors are more and more important. In a field when the government can not function, the third sectors appear to solve problems. That means, the third sectors become the coadjutants of the government. Besides, the third sectors function in some fields that the government can not function. So, the third sectors are also the independent power in social life.The third sectors are more and more important, but the study on the third sectors in China has not followed the development of the third sector, especially in economic law fields. So, the author tries to study on the third sector in economic law. The author studies on the third sectors in the basis of what are the third sectors? Which organizations belong to the third sectors? Why the third sectors appear in China? What status are they in law? How about the relations between the government and the third sectors? How to make the third sectors function better? This dissertation wants to solve these problems. The author studies the third sectors, especially studies the third sectors that help government supply public services. In the past, government takes effect on the economy, and government is the only subject of economic intervention. With the development of the society, the third sectors control some resources, so the third sectors begin to intervene the economy. As government is the first subject of economic intervention, the third sectors are the second subject of economic intervention. The author studies the formation and development of this kind of the third sectors, and studies how the foreign third sectors help government role. The author discusses how the power of intervention produced, and what the relation of the power of intervention is between government and the third sectors, and how the power of intervention of the third sectors perfects. It shows that government can't deal with all the public affairs, and government should manage together with the third sectors. In China, trade union, community organizations in city and autonomous organizations in countryside are the major subjects of the third sectors, the author discusses how these organizations help government manage and how to develop management of these organizations.On the ground of the development of civil society and the change of government function, studying the third sector is very important, because the third sectors are one of the subjects of economic intervention, and they are the main forms of civil society, and people can use their right here. This article is on the basis of state intervention theory, and studies the relationship between government and the third sectors which are subjects of economic intervention. The key of this article is the relationship between government and the third sectors in using intervention powers. That is government is one of the subjects of economic intervention, and the third sectors are the other subjects of economic intervention. They help each other and together supply public goods.This paper consists three parts.One part-this part tries to set forth the theories of how the third sectors come into being and develop in China. The fundamental reason of the third sectors coming into being is the establishment of the system of market economy. The internal reason of the third sectors coming into being is the historical evolvement between nation and society. The direct reason of the third sectors coming into being is the logic regress in state power and government functions. The existence of "market failure' and "government failure" result in the emergence of the third sectors. This part tries to explain: In modem countries run by market economy, government should regulate economy, because market economy becomes failure. But government regulation also becomes failure, and the managements of government do not cover all the community services in society. Then how to solve the problems in the condition of "market failure" and "government failure"? the author thinks that let the third sectors function in the fields of "market failure" and "government failure".Part two-this part will analysis the condition of the third sectors. This part will first analysis the functions of the third sectors in western countries. The author thinks that as the independent sector, the third sectors have become more and more important. The third sectors are the necessary select of social development in western countries. As the third sectors perform some government functions, the third sectors not only remedy government functions, but also create work opportunities. The third sectors become the necessary organizations in western countries. Second, the author will analysis some particular problems of the third sectors in China. This part tries to conclude that the third sectors fulfill some government functions and that get some good results, but the third sectors have some defects, so the third sectors need perfect themselves.Part three-this part put forward some suggestions of how to perfect the third sectors. Thispart tries to solve two problems. One is that the third sectors need to set up some rules to conquer their shortcomings. The second is that the development of the third sectors need social environment, so, government has the duty to help the third sectors.This paper pay more emphases on Chinese third sectors, bring, forward that the third sectors are the supplements of government, explain that the third sectors in China are different from western countries'. In China, the third sectors develop by government's help or by themselves. This paper deems that the third sectors are the supplements of government; they are the dependent sectors in society. This paper begins from the theories of "market failure" and "government failure", and starts with the relations of the model of state-society and economic law, and then studies the law of the third sectors from the point of the relations of government reform movement and economic law. In order to explain the functions of the third sectors, this paper cites the cases of the third sectors in western countries. In order to satisfy the target of "theory serves practice", this paper selects there most important non-profit sectors to study.At last, this paper concludes that if China has come into being to a shape of market-nation-the third sectors, China will become a democratic and monocracy country.