Research On Rights Remedy Of Autonomous Social Organization's Members

With the development of market economy and the transformation of government functions , the autonomous social organizations have developed rapidly in China . Then what role are these organizations that be official and unofficial played in the vast social space between government and private(including person or corporations) ? How is the power that we feel located in law ? What kind of the relationship between autonomous social organizations and members ? What circumstances will the rights belonging to internal members of autonomous social organizations be infuriated ? What relief mechanism should be established when members'legal rights are infuriated ? Presently the concern of these problems by academicians from both home and abroad is mostly from the perspective of political science , sociology and even anthropology . They are more concerned with the relationship between autonomous social organizations and government . However , researches on how to achieve the autonomy and independence for autonomous social organizations in order to study it from the perspective of administrative law , and on rights remedy of autonomous social organizations'members are few . For the purpose of opening the door of studying the law regulation , this paper intends to study the rights remedy when the rights of autonomous social organizations'members are infuriated .This paper is divided into three chapters and the content is as follows :The first chapter intends to identify the concept , nature , and range of autonomous social organizations under the sights of civil society . By the method of comparing and analyzing , this chapter attempts to identify some similar concepts , such as social intermediary organizations , quasi-governmental organizations , nonprofit organizations and non-governmental organizations . Otherwise , as the work of concept defining not only can make clear effect , but it also can have a "barrier head" role , besides currently the types and shapes of autonomous social organizations are complex and different in China , so this chapter does not attempt to clearly define the autonomous social organizations , instead by the method of defining certain range , placing some organizations beyond the scope of this article and listing some common types of organizations , it can totally study the autonomous social organizations .The second chapter attempts to explore the relationship between government and autonomous social organizations and the relationship between members and their autonomous social organizations by the method of analysis . With regard to study the relationship between government and autonomous social organizations , this chapter points out two different generated patterns of autonomous social organizations . It also points out that the constraint function to government is weak . As describing the relationship between members and autonomous social organizations , this chapter emphatically analyses the sources and the types of public administrative powers belonging to autonomous social organizations . There are two sources of ways to generate public administrative powers : one is obtained by authorization of laws , regulations and commission of government ; another is obtained by authorization of members . Besides I discuss the requirements for the development of public administration and the absence of traditional administrative body theories in order to pave the way for the nature of public administrative powers .It is discussed in the third chapter about the dilemma of rights relief of autonomous social organizations'members and construction of rights relief mechanism . As a starting point , at first this chapter focuses on professional associations that are representative , such as lawyers associations . By the method of finding commonalities from individual characters , I list some types of rights that belong to autonomous social organizations'members . Second I discuss the specific representations of rights which are infuriated . At last I propose that the rights relief mechanism is lack and we should establish it . Thus , I suggest from two aspects : first , we can establish the rights relief mechanism in general ; second , we can establish the specific rights relief program . The innovation of this paper lies in trying to place the autonomous social organizations as a whole in the framework of administrative law . I try to find commonalities from individual characters of various forms of autonomous social organizations and discuss these organizations as a whole from a macro perspective . Besides I study these organizations from the perspective of rights relief of autonomous social organizations'members . It expands the field of administrative law and enriches the contents . The object study of traditional administrative law is mainly on administrative activities of state and government . But the development of modern social economy indicates that public administration not only includes the state administration , it also includes social public administration . Based on autonomous social organizations , this paper discusses social public administration , and this is the premise of legal relief that belongs to autonomous social organizations'members when their rights are infuriated , It is actually urgent need for theoretical and realistic .