Research On The Establishment Of NGO In Legislation

The establishment system of NGO which is a substantive and procedural law system laid down or applied by State, it can be also called the permission and registration system of NGO. At the current stage, the establishment of NGO is mainly institutionalized by administrative rules and regulations, such as the Regulation on the Registration and Administration of Social Organizations and Provisional Regulations for the Registration and Administration of People-Run non-Enterprise Units. The double permission and registration system is far from the demand of civilian association, and doesn't fit the process of democracy and rule of law. Our establishment of NGO has many defects in legislation, for example: First, the legislative system is unsound without a unite fundamental law of NGO, the rank of the present law is very low; it has many procedural rules, but few substantive rules. Second, as for the substantive rules, it has prescript very strict conditions for the establishment of NGO, and restrict the establishment of NGO whose business scope is the same or similar within a boundary. Last, it has prescript trivial double procedure of examination. All these defects are caused by many elements, such as feudal tradition, government's orientation of administration and the defects of NGO itself. It is necessary to perfect the legislation of establishment of NGO, this will help protect citizen's freedom of association, and improve the administration of government. First, abandon the orientation of strict control, build up such principles: the balance of freedom of association and control of association, the co-operation of the government and NGO, the balance of cultivate and supervise. Second, establish a unite fundamental law of NGO, bring down the condition of establishment, perfect the relief mechanism, encourage ordered competition among NGOs. Last, adopt the single permission, classify registration system, separate the permission and registration, which will help protect citizen's freedom of association, and improve the administration of government.