Plight Of The Rule Of Law And Countermeasures For NGO Participating In The Public Crisis Management

NGO participating in public crisis management refer's to the management activities after the crisis in public,which take a series of measures to effective control of the crisis. The traditional government-led, people involved in the crisis of governance is effective, but cost is too high, and NGO participating in public crisis management refer to conducive to the integration of social resources, to make up for the traditional lack of crisis management. However, NGO participating in public crisis management is faced with many difficulties of the rule of law: from the legislative point of view, the relevant legislation ranks low, re-process, light entities, legislative technical rough; from the enforcement point of view, fund-raising mechanisms, the lack of cooperative mechanisms to deal with the crisis, inadequate supervisory system, the quality of law enforcement has yet to be improved; from the judicial point of view, a mere formality for administrative reconsideration, administrative litigation is too restrictive. The plight of the reasons for this are manifold, for example, the lack of NGO presence in China's cultural background, the traditional deep-rooted ideological and official position, NGO's own lack of independence, lack of resources, the relevant theoretical research lag and so on. Therefore, in order to give full play to NGO participating in public in the role of crisis management, it is necessary from the concept, legislation, law enforcement, judicial to reform: First of all, to change the way the Government treats the traditional concept of NGO, gave it the correct positioning of the NGO; Secondly, Sound legal system of NGO participating in public, the development of "NGO Law" as soon as possible,increase the rights of the entities, modify too harsh procedural requirements, improve the legislative technique;Third, Enhance government's ability to govern,to improve the fund-raising mechanism, to build a comprehensive and NGO coordination mechanisms, to establish a sound supervision system ,to improve the quality of law enforcement personnel; Finally, to improve the relief channel of NGO participating crisis management, strengthen the role of administrative review, to establish the relatively independent administrative review body, to expand the scope of administrative litigation, abstract administrative actions and administrative discretion shoud be included in the scope of administrative litigation.