The Preliminary Study On The Regulation Of NGO From Constitutional Perspective

Based on the constitutional provisions on freedom of association as the starting point, focusing on the constitutional regulation system on the domestic and foreign non-governmental organizations ,this article researches these problems about the content of non-governmental organization and it's regulation as well as the constitutional mechanism, constitutional resources and the system structure of the regulation, and analyses the historical development of Chinese non-governmental organization regulation, points out that it's currently facing a series of difficulties, the aim of this essay is on the regulatory reform of China's non-governmental organizations putting forth some constructive ideas.The first chapter outlines some related issues of non-governmental organization. This paper introduces the diversity of description about non-governmental organizations by the domestic and foreign scholars, pointing out the reasonableness of the title of "non-governmental organizations"; And defines the notion of non-governmental organizations: e.g. a self-government social organizations which is independent from the government, non-profit-orientation, and whose purpose is in order to promote the interests (economic, political, spiritual) of the majority of non-specific, the non-governmental organizations have three basic characteristics: non-governmental, non-profit, self-governing .The article classifys the non-governmental organizations from the legal and academic points. The essay also explores the causes of the non-governmental organization's emergence and it's functions .Reviews the history of the non-governmental organizations and predicts it's future prospects.Chapterâ…¡mainly studys the regulation of non-governmental organizations from the constitutional perspectives. The article first sets down the concept of regulation of regulation on non-governmental organizations .maintains that the regulation should include the protection and control of the two side and that only emphasizing on the control side is very one-sided; inspects the constitutional mechanism of regulation on the non-governmental organizations: on the one hand, it analyses the constitutional value of non-governmental organizations in human rights, democracy, rule of law and limited government; on the other hand it also points out the limitations of non-governmental organizations. The article also studys the constitutional resources of regulation on non-governmental organizations from the level of international law, states constitution and national law. The subject, means, purpose, links and other aspects of non-governmental organizations regulation constitute a system of regulation. In the last the article carrys out a comparative analysis to regulation model of non-governmental organizations in seven countries such as U.K, U.S.A etc.Chapterâ…¢focuses on China's non-governmental organizations Regulation. This paper first outlines respectively the historic development of China's non-governmental organizations and it's regulation; study the contents and characteristics of the regulation. Explores profoundly the philosophical, historic, realistic foundation on which China's current regulations exists. The article believes that the regulation in China makes non-governmental organizations and it's regulation subject in a very embarrassing situation in the state of survival, the role of action ,the structural composition and the functioning of the system, the reform to the regulation is imperative ; finally the article investigates some China's individual local reform practice about non-governmental organizations regulation, and pointes out that for China's regulatory system a fundamental transition must be made in the concept, structure, path, the legal environment of regulation in future.