A Study Of The Governance Of Chinese Destructive Social Organizations

Social organizations have played a very important role in ensuring human rights, restricting the national power, promoting the development of civil society, etc. But during the development process of social organizations, some destructive social organizations which violate people's fundamental rights and destruct normal social order have emerged. The scope of influence of these organizations has penetrated into political, economic and cultural fields, and seriously affected people's life and property security. However, scholars both at home and abroad focus the research on how to give full play to the positive function of social organizations, and destructive social organizations are seldom studied. It's an important task for each country to do research on the destructive social organization and to put forward some feasible measures. This article attempts the research on destructive social organizations from Constitutional view and presents some proposals for the governance of destructive social organizations.Studying on the governance of destructive social organizations, first of all, we must make clear what social organization is and what destructive social organization is. The essay firstly defines these basic concepts. Social organization is people's community composed of people having common aspiration beside political countries. Social organizations play a positive role to promote the benign interaction between government and citizens and to ensure the citizen's rights and interests. Because of their bias or illegality expansion, some social organizations act on not only aggrieving people's lives and property, seriously disrupting social order, but also constituting real threat to political stability and national security. We call this kind of organization destructive social organization.Having made clear of basic concepts, some basic theories and issues are to be further discussed and thank over. We consider that people carrying out their own benefit is a normal social phenomenon through associative activities and establishment of organizations, but this association should be in a certain limit, and association and established social organizations beyond necessary limits will impair the interests of other social members. It becomes possible that the appearance of social organization makes the form of civil society, and legitimate social organizations play a positive role to the development of a civil society. Especially during the process of constructing a harmonious society, it is an important significance for promoting the development of various causes in our country, for making active guide for social organizations and taking measures to relieve the harm of destructive social organizations.To probe into the treatments of destructive social organizations, at first, we should analyze the causes of destructive social organizations in our country. To analyze reasons, we can find out the crucial reason of the problems and fundamentally solve them. This paper adopts the method of combining theories and cases, and analyzes the causes of destructive social organizations in China from aspects of political, economic, social, and individual factors. Facing the huge threat of national sovereignty, the security of people's lives and property and the normal order of social caused by destructive social organizations, it's imperative to put forward some measures and to realize the governance of destructive social organizations from the perspective of the rule of law.We know that governance is a process of collaboration between country and society. But most of our country's measures are governmental behaviors such as joining the International conventions of shocking destructive social organizations, adding the characteristics of the underworld property organizations and criminal punishment regulations in domestic legislation, and establishing anti-terrorism. Along with the diversification of the development and behaviors of destructive social organizations, the governance and the measures should diverse and improve the effectiveness.Thus, it is necessary to analyze foreign governance experience and absorb successful measures. This paper enumerates measures of five countries and regions such as Italy, USA, Japan, Russia, and central Asia to deal with destructive social organization, and analyzes one by one, then puts forward suggestions to perfect the proposals of governance of destructive social organizations in our country. The first one is to perfect relevant laws. It, including two aspects from entity to programs, constructs and perfects legislation. It intensifies the punishment for this type of organization through combining the special law and law amendment and defining the concept of destructive social organization in the form of law. To strengthen the conversion of the relevant international law remedies for the lack of domestic law. We actively sign the bilateral and multilateral judicial assistance agreements in order to strengthen enforcement. It is important to establish specialized protection system in law for the witness and the victim, and provide the members who have actively left destructive social organizations. The second one is to set up representative offices, including the professional personnel and weapons equipped. The third one is to develop the economy, to promote employment actively and to improve people's lives. Economic measures are the fundamental measures. The fourth is to strengthen the education of public servants, to enhance the administrative probity and to promote the perfection of political system such as primary-level democracy. The fifth one is to integrate the social measures, such as strengthening the education of the public, enhancing people's distinguishing ability and daring to fight with destructive social organizations; structuring the civilizing culture market, and playing the positive guidance of the media; strengthening the theory research on destructive social organizations, and giving full play to the guidance meaning of theories, etc.We can see that social organization is indispensable in social development process. It's of great significance to play the positive role of social organizations to promote social development and the prosperity of the country. Only under the premise of the rule of law, among government, society and citizens form the atmosphere of the close cooperation and benign interaction in order to reduce the harm of devastating social organization, to cut off the root causes of destructive social organizations, and to realize the effective governance of destructive social organizations.