Analysis On The Legal Issues Of Environmental Non-Governmental Organizations In China

In the past few decades, China has simply dependent on the government and the market to solve environmental damage, but the government and market failures are exposed by more environmental problems. Thus, basing on the right of association guaranteed by our Constitution, people tried to solve this public issues, just like the environmental damage, by association. Therefore, environmental non-governmental organizations born out on the objective needs of the environment. Environmental non-governmental organizations born with these features, like non-governmental, non-profit, autonomous and so on. Since it was born, Environmental non-governmental organizations played an important role in the stage. It's functions that are making up the government and market failure, protection of the citizen environmental rights, integration of social resources and so on are accepted by the community. The legal can guarantee that environmental non-governmental organizations developed healthily. With the transformation of our society, laws and regulations which are legislate under the old system constrained the development of environmental non-governmental organizations and could not meet the demands of the public's growing environmental benefits. This article found the main problems of environmental non-governmental organizations, analyzed the reasons of the legal system, and at last put forward sound proposals. We hoped to create a favorable legal environment which benefit the healthy development of Environmental non-governmental organizations.The first part of this article summarized definitions, characteristics, classification, development and role of environmental non-governmental organizations. We went to have a clear understanding and knowledge about the related concepts. The second part found the problem. In the development process, Chinese environmental non-governmental organizations mainly were in the independence of the weak, hand unclear legal status, lacked of funds, hand limited rights and lower social credibility. The third part analyzed the reasons. We analyzed Chinese existing legal system order by legislative level, administrative system, fiscal and tax system, the right security system and monitoring system. We clarified system defect which hindered the development of environmental non-governmental organizations. The fourth part is the focus of the article– this part saluted the problems. We referenced the abroad experience that how to set on the legal system about environmental non-governmental organizations with the situation of our country, in order to give some suggestion that how to Perfect the related legal system. At a legislative level, it need to develop the basic law of non-governmental organization. In the management mode, it should improved dual management model, and establish a voluntary registration, strict supervision model. In the fund-raising, it should increase financial support, and strengthen the operability of tax incentives. In the protection of the rights, it should strengthen and expand the environmental information system, improve participation and establish environmental public interest litigation. Finally, in supervision, it should strengthen the internal and external dual supervision, focus on government supervision outside, add the third-party assessments and professional supervision, and strengthen supervision of the Board and Board of Supervisors inside. Because of this factors such as resource constraints, the article only to give some suggestions and there is no end. But I believe that with the continuous advance of legal civilization, the legal system bout environmental non-governmental organizations will be continuously improved and then environmental non-governmental organizations will play a greater role.