Research On Social Intermediate Organizations And Legal Administration

With the social transformation and the construction of market economy, social intermediate organization is the third Sector that links country and market, gets swift and violent developments in China. And the sound development of the social intermediate organizations depends on two aspects: one aspect is the independent position of social intermediate organizations, and the right way to handle the relation with the government, improving abilities of its practitioners. The other aspect is how to execute its administrative power of public affaires correctly,prevent its power from abuse and put necessary supervisions.In practice, due to its profit-interest and no specific boundary of its power, there is no responsibility investigation and right relief mechanism when the rights of administrative relative sides are violated by it. Therefore, large amount of black intermediate agents have appeared, which are repelled by people. We couldn't figure out social intermediate organizations clearly for the problems of its nature, unique status, source of power of public affairs, operating state and legislation. As to the research on social intermediate organization, different subject takes different view. The paper with the visual angle from social intermediate organizations development and their law gauge, analyzes the background and developing trend that social intermediate organizations produces, and reveals existing problem, necessity and suggestion on legislation.Full text is divided into four parts besides the introduction and conclusion part.The first chapter mainly analyzes the meaning of intermediate organization and the relation between social intermediate organizations and the related concept. Pointing out social intermediate organizations is that the agent which bears public administration of common management function of society and analyzing the characteristic and classifying the social intermediate organizations which now exist in our country, pointing out that intermediate organizations include two kinds , one is the intermediate agent between the main body of marketplace which acts as a manager mainly between the main body of marketplace or plays intermediate role; The other is intermediate agent between the state and the society which carries out the organization managing and acts as intermediate agent in the social participation. This kind of organization is not government administrative departments per se, but its behavior obviously bears the mandatory color. For instance, some institution, the industry autonomous ruled organization, the autonomous body and so on. Intermediate organizations discussed by the main body of this paper are the latter which is specialized in the administrative law field as the intermediate agent between the government and the relative people.The second chapter analyzes and points out the background of west social intermediate organizations is the theory of the dysfunction of marketplace and government and the citizen society; Since the Western countries'market economy is more developed , resident of a city society is more mature , right consciousness is strong, which is able to supervise and restrict the government. Comparatively speaking Chinese social intermediate organizations develop with market economy construction and the growing of citizen society and the revolution of government agencies , resident of a city society, our country now occupies the reforming time, market economy is not well developed , resident of a city society is not enough mature , development of social intermediate organizations is not even ,the law is not perfect , social intermediate organizations and government relation are apparently severed , actually still connected; but, in the future , accompanying our country's political restructuring and the construction of democratic government and government ruled by law, the type and quantity of social intermediate organizations by law will be more and more , the legal function will be stronger and stronger. And the social intermediate organizations will more and more act as the agent or spokesman. The third chapter is mainly about the legal status of social intermediate organizations which on one hand bear independent characteristic , on the other hand act as both the administration main body and at the same time the relative person, the social intermediate organizations expands as the administration main body by the fact that administration decentralization restricting government's authority and guarding against government authority's, and as relative person supervise and restrict the government. In tradition administrative law social intermediate organizations only act as the authorized organization, but as the organization that authorizes laws and statutes, its authority boundary is unclear , legal status is uncertain, so social intermediate organizations brings about encroachment for relative people when exercising power, causing law vacuum; according to public administration government theory The social intermediary organization may obtain the administrative law main body qualifications through the administrative decentralization, and will carry on the public management function with the government the division, the government is engaged in the macroscopic management, but will hand over the intermediate perspective and the micromanagement function by the social intermediary organization exercises. But when the social intermediary organization exercises the authority, it should observe the lowest procedure principle, when formulating of internal rules and regulations must allow the organization member's participation and organization member's opinion, and gives organization member corresponding rights to appeal and express their opinion.The fourth chapter: on one hand the social intermediate organizations have the independence of connection with the government; on the other hand the social intermediate organizations hope to enjoy the protection under the government. So when exercising power the social intermediate organizations sometimes have the inclination to chasing interest and abuse power , although the power is not authorized by governmental compelling force, it has the restriction to relative person , and has the violation possibility to rights of relative person. Without restrain, it has the possibility to inflate and become reckless the unseemly behavior. Therefore the social intermediary organization must receive legal the rules and regulations. The social intermediary organization's legal rules and regulations can be divided into the heteronomy mechanism and the autonomy mechanism. The heteronomy mechanism refers to other political authority as well as the administrative object regarding the administrative main body restriction. This mainly includes administrative authority and judicial authority which are beyond legislation authority, state power monitoring, the party politics authority surveillance, the public opinion authority surveillance, the citizen and the citizen group's surveillance and so on. The autonomy mechanism is refers to the guard measure and the system which the administrative authority system own should have and so on. This mainly includes the benefit coordination mechanism, the administrative responsibility mechanism and the administrative ethics mechanism. If the heteronomy mechanism could be in harmony with the autonomy mechanism, they will regulate the work of social intermediary organization effectively, and promote the developing of it.For regulating the social intermediary, it is not only necessary of preceded administration (legislative administration), administration afterwards (judicial administration), but also middle supervision (implemental administration). It is because that they manifest the function of law on the precaution, control and correcting.Therefore, we should enact perfect law to rule the social intermediary organization, enhance the supervision to the it as well. When the social intermediary organization executes the public powers, which infringe the lawful interests of relative party, it is an effective way to have a judicial regulation on the social intermediary organization.But the society intermediary organizes as the defendant who whether becomes the administrative proceedings, which is often argued. The judicial practice does not give accepts, but does everything possible to prove the social intermediary organization is the legal law authorization organization, thus proves its defendant's qualifications. But when its public administrative action violates its relative person right, its relative person has the right to file the administrative proceedings completely to the social intermediary organization. And social intermediary organization's internal management behavior which is frequently regarded as internal business, often cannot obtain the judicial relief. According to special right relations theory, if social intermediary organization's behavior has violated organizes the member"important"the right, the social intermediary organization may be Administrative proceedings defendant. In order to guarantee the social intermediary organization's ability to undertake the corresponding compensation responsibility, we suggest to set up the status earnest money system, the duty responsibility compensation insurance system and the special fund system.