A Study On Administrative Act Regulation Of Social Organizations

This paper consists of four parts.Part I describes the definition,characteristic and categories of social organizations,so as to introduce both the basic information and trend of development of social organizations.Social organizations in China have a salient features. Lots of social organizations are unregistered,which will be briefly introduced in this paper. Otherwise,it is worth noting that virtual network social organizations are an important component,though little attention is paid by academic circle.Partâ…¡focuses on the legality of social organizations.As pointed out in the above part, many unregistered social organizations exist in China.If they are not legal,why can they be in existence? Only in the state does man have a rational existence.In analyzing their legality, four dimensional test is used,that is political legality,administrative legality,social legality and validity in law.On one hand,social organizations have a degree of autonomy;on the other hand,they are also restricted by external factors,such as politics,society and law.So where is the boundary between autonomy and heteronomy? Through a careful examination of the definition of autonomy,and a research of contradiction and interaction between autonomy and heteronomy,the definition of social organization autonomy is formed.In preparation for the research of administrative regulation and judicial application of social organizations,the boundary between autonomy and heteronomy is tried to be defined.Partâ…¢focuses on legal regulation of social organizations.It is the continuation of the research on social organizations heteronomy,which become the core part of the paper.It discusses the legal regulation of social organizations,especially rules in the Constitution and other laws.As to China,there is a fault between the Constitution and administrative regulations.Because no special law on social organizations is available,many legal issues of social organizations,e.g.basic rights and duties,property relationship,institutional framework,and the relationship with government agencies,are left to become loop-holes,or transgressed by administrative regulations.Based on this reality and a report on running conditions of social and scientific organizations by Chongqing Social Sciences Association, this part arranges and analyses the requirement sand procedures of the establishment of social organizations regulated in Provisions of the Registration and Management of Social Organizations.Partâ…£discusses the judicial application of social organizations.In a view of case study, this part goes into the standing of social organizations and jurisdiction.Three creative elements exist in this paper.First,it points out that virtual network social organizations should be brought into the research.Second,referring to the report by Chongqing Social Sciences Association,it deliberately arranges Provisions of the Registration and Management of Social Organizations,which is the main legal document on social organizations.Third,it fully analyzes the legal regulation of social organizations in the angle of the interaction between autonomy and heteronomy.