The Developing Of The Third Sector From The View Of The Administrative Law

Based on the failure of protection of free association by hypostatic law,the concept of the third sector and realistic meaning for the reform of China is proposed.With the development of market economy and political democracy,the revolution in social area can not be avoided anymore.So the accelerating development for the third sector is not only a necessary path for the progress of china,but also the guarantee for the formation of civil society.In order to demonstrate the importance of the third sector for the formation of civil society,the current situation and development of the third sector in western country were firstly introduced.Compared with the third sector in western country,the third sector in our country was analyzed.Since the reform and open-up,the rapid development of market economy has made the development of the third sector essential. According to the experiences and lessons of western country,a path suitable for our country can be found.The key of this paper is to introduce the theory and the foundation of civil society. In view of the real progress of the society in China,fostering the various interest communities and establishing a legitimate path are basis for the foundation of civil society.The civil society will result in the transformation of traditional administrating model,which can be summarized as follows:the transformation from the government to governance;the transformation from good government to good governanc.The theories of governance and good governanc were analyzed and the future direction for China politics was also shown in this paper.The third sector is the actor of the civil society,so the third sector in regard to civil society is introduced.It is necessary to clarify the complicate relations.The third sector is the actor of civil society.The realization of civil society is determined by the development and mature of the third sector.Civil society is different from the traditional political country, which can be attributed to the involvement of the third sector to the administration of public affairs.Government is no longer the only administrating community.The transformation of administrating community leads to the formation of governance.In addition,the objective of the public governance is the realization of good governanc which could maximize the public interest.The third sector plays an important role for the realization of civil society,so the paper is characterized with it.