The Cooperation Between Chinese NGO And Government In The Field Of The Rule Of Law

Since the eighties of the 20th century, the NGO grows vigorously, and it is playing a positive role on the international, domestic stage. The developed country with ripe NGO in the west, has already basically established the partnership relation between government and NGO. In our country, with the establishment of the market economic system and transition of government's function, the society has got relatively loose development space gradually. The NGOs have all made considerable progress regardless of the respect of quantity or quality. It begins to launch cooperation in every field of the society with the government. However, depending on stronger, non- equaled bottleneck still exists at present in this kind of cooperation. How to settle the problem to make them cooperate? More domestic scholar lay particular emphasis on in term of organizing the theory or administrative management theory to establish two equal route of cooperation at present. And few carry on research to it from the law science visual angle. This text will try to proceed from law science visual angle, and will interact NGO with government in the relation, will investigate, and analyze the environment governed by law faced in the cooperation. In order to promote them to cooperate, the text will offer suggestions.This text uses the example and comparative analysis method to analyze cooperative possibility and reality of the NGO with government in China. It provides to improve old some laws and the legal system .Then they will give the NGO a legitimacy identity. We should also promote social capital such as communication and trust, and reconstruct the order by law. Through investigating environment and deficiency in the cooperation, comparing with maturity mode of the western country governed by law, it obtains that we may refer on western experience, manage and safeguard the rights balanced governed by law. The setting-up of such order will promote the development of NGO;establish benign and lasting cooperation with the government.This text is divided into four parts altogether besides foreword .The content and logic are as follows:In the fist part, it introduces general theory of the NGO. It tells the definition, state of development and function of NGO, including relevant definition, function within theterritory of Chinese language, etc. Since reform and opening-up, the NGO of China grows vigorously, and is playing a positive role in the society in each field.In the second part, it analyzes the possibility and reality of cooperation. The thesis says, people more and more concern their cooperation in the diversified relations of government and NGO;the theory of country and social relationships controls pluralism of subject and reform orientation of government of managing etc., explain our country have the possibility of cooperation;Positive role of the NGO giving play to poverty alleviation and project activities such as environmental protection, etc, which are launched with the government together. It proves their realistic cooperation, too.In the third part, it introduces the cooperation between government and NGO under the visual field governed by law. At fist, the thesis is explained from the cooperation of the ones with ruling by law from the aspect of theory .It thinks that the producing and developing of rule of law lies in the relation between country and the society. The changes of the country and social relationships will cause the existing change of legal system and legal idea;need the change of the order governed by law. Secondly from practice aspect to investigate and analyze, it obtains that reality of cooperation face a great deal of problems. Among them, the deficiency of the environment governed by law is the most outstanding and the demanding to the legal system order improves is the strongest.In the fourth part, it provides to go out of the choice of the cooperative predicament under the field governed by law. The thesis mainly proceeds with four respects and puts forward the thinking chosen: One is drawing cooperative mode lessons from country governed by law , building cooperative mode to construct;the second is promoting equality and trust in two cooperation of social capital , building good cultural environment;The third is to set up and improve NGO's legal system progressively;the fourth is to set up specializing in fostering NGO management system, set up record to register- register and approve - entry system that public service asserted.This text has the following new thoughts: (1) The country and social relationships are the foundation of governed by law, this kind of relation is a kind of dynamic relation, so its change can put forward new requirement to governed by law development naturally. And building the order need adapt to the change. This text develops rule of law so as to meet two relation changes, and analyzes it as logic clue. (2) Building , constructing governed by law order need certain social base , promote NGO cooperationwith government, strengthen equal ,and value idea of believing in etc., offer the social capital for regular setting-up and maintenance. (3) The ideal goal governed by law is that the voluntary community rules of law. The NGO is one of the organizational forms of this community. Through government and common administration cooperation with NGO, it can promote constitutional law order with spontaneous order, stride forward for reaching the ideal order governed by law.However, because of studying the limitation of the visual angle and personal theory knowledge, it is insufficient that some exists in the article: It not merely needs change and development of the order governed by law to go out of the cooperative predicament, still lies on transforming the government functions, the NGO's own development and improvement of ability, etc. Rule of law ,includes abundant intension extremely, and this text lay particular emphasis on legal system and law's ideas to analyze and put forward the suggestion into the problem that the government faces while cooperating with NGO .The deepening that would hoped can be further in study afterwards.