Study On The Administrative Subject Status Of The Non-governmental Organization

As a new social phenomenon, the non-governmental organization has become a common topic of academic, has also led to the unprecedented dispute. Reflection on the traditional administrative law system can be seen that the non-governmental organizations public administration occupies the important proportion of modern public administration, and present a rising trend. The non-governmental organizations contribute to make the traditional administrative subject theory of encountering trouble, to break through this dilemma requires through change the traditional administrative subject theory to accommodate real central government organizations involved in the phenomenon of public administration. The non-governmental organizations on the administrative law is not for-profit, except the state organs(represented by administrative organs), public institutions and economic organizations outside of all social organizations provide public products and services, including its typical form social groups, industry organizations and private non-enterprise units. The Nongovernmental organizations is a new type of modern administrative subject, not only to emphasize the relationship between its and the government, even highlights its restraint relationship between its and the government. Looked from the present situation, as the administrative subject of ngos has specification right, public affairs management, the legal punishment right and the right to dispute resolution and so on many public administrative power. Therefore, from the aspect of legislation, law enforcement, judicial and law-abiding for non-governmental organizations to exercise the public administrative power of legal supervision in the present China is particularly necessary. Our basic view is that the future can consider from theory and practice to develop non-governmental organization in the basic law, to specialized management and classification management on the basis of the administrative management system, established through judicial supervision of the administrative lawsuits way, a sound system of non-governmental organization self-discipline management and so on four aspects to improve the legal supervision of non-governmental organizations in China. Full text in addition to “introduction” and “conclusion and prospect”, is divided into five chapters.The first chapter is the analysis of the inner relationship between non-governmental rise and change of administrative subject theory. This chapter first analyzes the realistic background of nongovernmental organizations rise-the new public management movement, theoretical basis, “civil society” and “nationalism” and “governance theory” as well as non-governmental organizations in the field of administrative law of necessity. Second, reveals the traditional administrative subject theory in the face of non-governmental organization in fact public administrative action what had happened to the internal contradictions of “the disconnect of between the sole theory and the reality of diversified ”. Finally, it puts forward the reform the basic framework of administrative subject theory, namely the establishment of administrative body for two classes of three types: two classes refers to the state administrative subject and public administrative subject, three refers to as the authority of administrative subject of administrative organs, as the authorized administrative subject organization authorized by the laws and regulations, as a non-governmental organization autonomy administrative subject.The second chapter is the basic theory of government organization. This chapter examines the concept relation between NGO and related approximate pointed out that after the NGO on the administrative law is not for-profit, except the state organs(represented by administrative organs), public institutions and economic organizations outside of all social organizations provide public products and services, including its typical form social groups, industry organizations and private non-enterprise units. This chapter analyzes the non-governmental organizations on the legal attribute of duality and compound, at the same time discusses the administrative law of nongovernmental organizations have four legal characteristics, namely, non-governmental, non-profit, autonomy and public welfare. This chapter also focuses on system function of non-governmental organizations in this paper. These functions including: first, the practice of participatory governance mode, promote the administrative democratization process; Second, to overcome the “double failure”, to improve efficiency of public administration; Third, channel to resolve contradictions, the construction of a harmonious society.The third chapter is the establishment of the administrative subject position of the non-government organizations. This chapter mainly from the dualistic framework of “administrative subject--the administrative relative person”to analyze and discuss the legal basis what the administrative subject status of the non-governmental organizations had established and the role of NGO in the traditional administrative law, the last is explicitly points out that the non-governmental organization is a new kind of administrative subject in modern administrative law.This chapter emphasis that as the administrative subject, non-governmental organizations in the position and role of the specific administrative legal relationship mainly by the organizations with the government, the administrative legal relation between the law embodies the concrete including the relationship between the government and quasi-government organizations, as well as relations between the quasi government organization and the government organization.The fourth chapter is the putting forward of public administration power of the non-government organizations administrative subject. This chapter first discusses the law significance of the NGO public administrative power have put forward, and points out that non-governmental organizations to exercise the public administrative power mainly has two forms, namely the external administrative behavior and internal administrative act. On this basis, this chapter points out that the public interests are government organizations the theory basis of public administrative power generation; Legal authorization, administrative entrustment, internal assignment contract, laws made by channels are government organizations, the major source of public administrative power; Non-governmental organizations in the public administrative power authorization entrusted power belongs to the category of state power in nature, and the autonomous public administrative power belongs to the category of social power. Finally, this chapter discusses the four basic forms of public administrative power of the non-governmental organizations, namely the specification, the right of public affairs management, the legal rights to punish and dispute resolution.The fifth chapter is legal supervision of the NGO public administrative power. This chapter first points out that the current situation of NGO legal supervision in China is mainly manifested in the following four aspects: One is the lack of the basic law of the government organization leads to absence of legislative oversight; Secondly, the existing administrative system easily to regulatory overlap or absent; The third is judicial review mechanism is not perfect the judicial supervision is difficult to effectively implement; Four is self-discipline management way is not sound to obey the law supervision and become a mere formality. Then, this chapter in this paper makes a research on the countries all over the world, especially Russia NGO on the basis of legal supervision situation, points out that China should absorb and draw lessons from the beneficial experience and practice. Finally, points out that from establishing non-governmental organizations in the basic law, promoting on the basis of the specialized management and classification management of administrative management system, established through administrative litigation judicial supervision way, and improve the system of non-governmental organization self-discipline management four angles to perfect the legal supervision of our country’s non-governmental organizations.