Research On Administrative Regulation Of Charity Organizations

Philanthropy is the lubricant to decrease contradictions, and the catalyst to theconstruction of harmonious society. In recent years, philanthropy in China have beendeveloped dramatically, which played an important role in helping the poor,alleviating social contradictions and maintaining social stability. However,scandalshappened frequently that trestrained philanthropy from developing, and also exposedthe problems in it. Because of the positive role of charity organizations in the socialsecurity system in our country, it is needs to be nurtured and supportted by thegovernment, and the problems of charity organizations need to be regulated andsupervised.Administrative regulation of charity organizations is using administrativeconcept and means regulating, guiding and supervising the charity organizations. Weshould not only try to protect the legitimate rights and interests of charityorganizations, produce the positive effect of the supplement of social security but alsocarry on the necessary of rules and regulations and prevent the abuse of right out ofpublic welfare.First of all, the summary of the administrative regulation. It is the basis of thisstudy to define the basic concept of charity organizations of administrativeregulation.Through the analysis and comparison between the concept of domestic andoverseas, it comes up with the definition for charity organizations，summarizes andanalyzes the characteristics of the charity organization non-profit, voluntary, publicwelfare and private property,and sums up the types of the charity organizations,whichframed the category on this basis. Afterwards, on the basis of defining the regulationand the administrative regulation to describes the the definition and characteristics ofthe charity organizations of administrative regulation.The society public andvoluntary failure of charity organizations determine the necessity of the administrativeregulation of charity organizations.It is necessary to use administrative concept andmeans regulating charity organizations in order to produce the positive effectsufficiently, voluntary failure,reduce the negative externalities and maintain the publicwelfare. Secondly, the analysis of present situation and problems existing inadministrative regulation of charity organization. From three aspects, the subject,content and measures expounds the present situation of the administrative regulationof charity organization in our country, and summarize the current administrativeregulation of charity organization exists the problem of dislocation, offside andabsence.At present,administrative regulation of charity organization is negative orderadministration permeated with the management model of the planned economythinking.Administrative organs play “almighty manager role" in the development ofcharity, not only the external interference charity activities, even in the internaloperation and management.The problems of concept of regulation unscientific,lag oflegislation, lack of specialized regulatory agencies,officials and the public dualstructure that weakened folk, independence, autonomy of charity organization, andrestricting the development of charitable organizations.Thirdly, the theory of service-oriented government transformation under theadministrative regulation of charity organizations. Service-oriented government is thegoal of Chinese government reform and development, the concept of service-orientedgovernment is the correction of the negative past. Under the guidance of the theory ofservice-oriented government, administrative regulation should service for the purpose,and shall be limited, effective regulation and responsibility. Because of thecharacteristics of charity organizations, administrative regulation should follow theprinciple of equality law, regulation principle, open principle, the proportion principle,competition principle and relief principle.Under the theory of service-orientedgovernment,the type of administrative regulation should be changed from control toincentive,from direct to indirect, from strong to weak. It Should be relax control,innovation regulation, take diversified and flexible means and appropriate expansionand decentralization the power in order to achieve effective regulation.The last, Put forward the countermeasures to improve the administrativeregulation of charity organizations in China. First, Combined with the characteristicsof charity organization and the role of administrative regulation of charityorganization,it is summed up the foster and standardize supervision are the two majortasks of the administrative regulation of charity organizations.Second,the principle ofadministration according to law demand that administrative regulation of charityorganizations must have the appropriate legal.The charity organization legislation isthe premise of legal regulation.Through study and analysis of present situation of domestic and foreign legislation of charity organizations, we should adopt centralizedlegislative mode to establish special "charity Promotion Law", and design of theframework of the law preliminary. Third,establishment of the Charity Commission asa special charity organization administrative regulatory agencies, and imagine theproperties, functions, organizational structure and operational mechanism of theCharity Commission. Fourth,perform the duties of the administrative regulation ofcharity organization. Administrative organs in the regulation of charity organizationissues should be based on the service-oriented government as the instruction, play aguiding, service, regulation and supervision functions.Fourth, to optimize theadministrative regulation of charity organization. Public welfare determine that wecan reduce charitable organizations access standards and relax admittance regulationof charity organization. The characteristics of the charity organization non-profit,voluntary, public welfare and private property determine the regulations of charityorganizations can not be the same as other social organizations. The governmentsshould follow the tendency of democratically legalization; use more non-coercivemeans, for instance introducing the administrative guidance, reward and talk, toregulate charity organizations. Because of the social security function of charitableorganizations, the objective basis of cooperation between charitable organizations andthe government, thus the introduction of the theory of administrative contracts toachieve cooperation regulation and development is feasible.Of course, because of theproblems such as voluntary failure, it needs to mobilize all forces to strengthen thesupervision of charitable organizations,which formate the coordination supervisionsystem of administrative supervision, social supervision and self supervision.Administrative supervision should be based on the self supervision,and as thesupplement the self supervision, social supervision, Administrative supervision is thelast means of defense.Finally, we should change the way of administrative supervision,changing measures from one-way to interactive, closed to the public transparency,mandatory to rigid and flexible, and construct the supervision mechanism of thewhole process of the charity organizations.