Study On The Legal System Of Acssociations Under Nanjing National Government

In the process of the establishment and development of modern national state of China, theassociations have been not only important political indicators, but also are important key channels tointegrate social force. Until the late Qing Dynasty (1616A.D.-1912A.D.), with the acceleration of thetransformation of modern Chinese society, modern associations developed rapidly and had a greatinfluence on modern politics, economy, society and culture in China. In order to form systematicalnorms of new associations, the government of the Qing Dynasty, the Northern Government and theNanjing National Government carried out legal system construction of associations on varying degreessince the late Qing Dynasty. The thesis mainly focuses on the legal system of associations under thesupervision of Nanjing National Government for three purposes. First, it is aimed at an in-depth studyon the generation, system, structure, contents and evolution of legal system of associations under theNanjing National Government. Second, based on the policies and regulations of associationsmanagement at the time, we can understand the political democracy, social openness, and nationalcapabilities in social management and control in the country. Third, after researching the practicalsituation of association development under the legal regulations, we can make an objective assessmentas much as possible on the degree of integration of social forces the ability of collective action of socialorganizations and the relationship between society and the country at that time.After establishing Nanjing National Government, under the guidance of "Rule by a Political Party",the government intensified social control and management of social organizations by various means toreconstruct the social order and social life in the hope of building the orderly society throughstructuralization of social life and standardization of people’s behavior. Certainly, there was a profoundpolitical background behind Nanjing National Government’s strengthening the reconstruction and legalconstruction of civic groups. After the Kuomintang’s transforming from a revolutionary party to a rulingone and its establishing political tutelage system, the relationship between the Kuomintang and the masswas transformed from the mobilization system in the Great Revolution period to the control systemduring the construction period. In this context, the Kuomintang restrained regulation of associationsagain and reconstructed associations so as to establish an associational system under the rule of theKuomintang and Nanjing National Government to consolidate the social basis of the Kuomintang as aruling party. It was an important means for Nanjing National Government to controlling associationsand integrating social strength that it made and implemented relevant policies and acts of association toform the legal framework of controlling associations. The generation process of the legal system of associations under the Nanjing National Governmentwas mainly divided into five periods, that is, the initial period, the intensive period, the improvingperiod, the emergency response period and the decline period. The system, construction and content ofthe legal system of associations was established relatively systematically. From the perspective of theStudies of Legislation, the entire central legal system of associations basically included laws andregulations on five levels: the Constitution and the constitutional documents, the criminal law, the civillaw and the relations law, the basic law of associations, the special regulations of associations,administrative regulations administrative rules and regulations. The legal system of associations mainlyconsisted of the common acts of associations, legal system of professional associations, legal system offreelance associations and the legal system of social groups. The content of the legal system ofassociations was relatively multifarious and disorderly, but included the establishment and dissolution ofassociations, the organization and operation of communities, the funding sources of communities, thedisciplinary offense of associations etc. The entire legal system of associations had such characteristicsas having a tortuous generation process, being guided strictly by the government, being intertwined inthe normal and abnormal environment of legislation, and making many achievements in decree buthaving multifarious, disorderly and simple content.When constructing the legal system of associations, the Kuomintang and Nanjing NationalGovernment also strengthened the implementation of the legal system of associations in terms ofconsidering associations management as main body. On the one hand, the legal system of associationswas built and implemented in a planned and orderly way as an important part of the government’scontrolling social regulations. On the other hand, in the fierce battle between the Kuomintang and thegovernment, the management system of associations was established as the one of “the ruling party andgovernment working together” in the period of Nanjing National Government. It was no doubt that theruling party and the government had its own specific ways and means of supervising associationsrespectively. Before the central Social Department of the Kuomintang was made under the ExecutiveCouncil, the headquarter of the Kuomintang grasped the leadership of associations, which included theright to guide associations in political aspect, the rights to choose and approve associations, the right tosend the right person in charge of associations, the right to ask party members to get involved in thedaily activities of associations, take advantage of the force of the party and the league to strengthen thecontrol of associations etc., while the government mainly supervised the associations, including theregistration record right, the authority to supervise, the right to guide their operation. Therefore,compared with the government’s supervision and management of associations, the party had a moreeffective and fundamental influence on associations in more complex and secret ways. After the centralSocial Department of the Kuomintang was made under the Executive Council, the party gradually gaveits rights of association management to the government so that the government made the supervisionand management of associations administrative and specialized. Therefore, party headquarters of theKuomintang was gradually relegated to supplementary position from the original dominant position. In terms of the development of associations, the legal system of Nanjing National Government hadobvious influence on restraining the politics, economy and public welfare of associations. By regulatingand controlling regulations, Nanjing National Government made all kinds of associations involved innational corporatism. What’s more, it organized some important social groups and economic sectors intoassociations guided and supervised by the Kuomintang and Nanjing National Government so as toachieve social political mobilization, assist the government to carry out financial decrees and economiccontrol, undertake the public services beyond the capacity of the government etc. From this point ofview, Nanjing National Government managed to coordinate the conflict between the country and thesociety, between all social groups and industry, and guide the force of organized social groups to workfor the aim of “the ruling party and the government” of the Kuomintang.In conclusion, in the period of Nanjing National Government, the legal system of association hasits progressive significance. The national goals were achieved and the demands of associations werepartly satisfied by having establishing and implementing the legal system of associations. But thenational goals were not completely in accord with the demands of associations. As a result, the existenceof the legal systems of associations was greatly limited, which restricted the development ofassociations, and in consequence, the relationship between the government and the society failed todevelop harmoniously. Throug the study of profit and loss of the associations’ legal system underNanjing National Government，valuable experiences and lessons could be learned for the purpose of theassociations’ legal system in our cuontry today.