Study Of The Laws Of The Network Of Civil Society Organizations In China

With the pervasion of whole social volunteerism extensively and with the development and application of internet technology, a number of the cyber none-government organizations (cyber NGOs) based on the internet begin to emerge, they are similar to the traditional NGOs. From leisure services to the public and gradually extended to all aspects of social life, cyber NGOs are active between the virtual and reality. Accompanied the rapid development of cyber NGOs, the functions of social in self-government is growing. The positive significance of cyber NGOs is evident, but we have to admit that, various factors inside and outside of cyber NGOs resulting difficulties in the survival and development of cyber NGOs.How to resolve the problems during the operation of cyber NGOs through legal means? According to the sequence of identifying problems, finding out how these problems happened and finally solving them, this study analyzes some legal issues related to the cyber NGOs by case analysis, comparative analysis and other research methods. On the basis of legal theory, sociological theory and network-management theory, this paper first revealed the characteristics and status of cyber NGOs, to provide a realistic basis for a further analyzing of the legitimacy predicament. Based on the researches above, this paper discusses the legal issues related to cyber NGOs. By clarifying the legal status, the paper rationalizes various legal rights, obligations and commitment of the cyber NGOs, and also put forward a related legislative proposal.Under the guidance of the above analysis, this article is divided into five parts to discuss legal issues around the cyber NGOs.Partâ… is an introduction, which describes the background and significance of this study. The reviewing and analyzing of the related documents has laid a theoretical foundation of the framework and specific research.Partâ…¡analyzes and summarizes the concepts, characteristics, basic types, production and development status of cyber NGOs. Through the Internet platform and the reality of events as a basis, cyber NGOs spontaneously formed among the people. Cyber NGOs belong to social organizations or groups, which meet the needs of different groups of interests, in order to promote the concept of social services. Compared with traditional NGOs, cyber NGOs act in cyberspace as a main platform. The form of organization is complex and diverse. The members of a cyber NGO are mobility, so the inner system is loosely and random. According to profit-oriented, cyber NGOs can be divided into mutually beneficial organizations and nonprofit organizations. Among them, the mutual benefit organization designed to provide some benefits to its internal members, while the nonprofit organizations are dedicated to the public with an interest.Part III discusses the current legitimacy dilemma of cyber NGOs. According to the reasons which cause difficulties for the legality, tow appropriate ways are proposed. The presence of cyber NGOs not only conforms to the objective laws of social development, but also in line with people's values of freedom of association. However, it conflicts to the contents of "Regulations of Governing the Registration of social groups ". That's why the existence of cyber NGOs is proper, not legitimated. The lack of legal status is the main reasons that led to this dilemma. It stops cyber NGOs from participating in civil activities normally, and accepting the supervision of the relevant departments.Part IV analyzes the legal status of cyber NGOs, as well as relevant legal issues. With the actual characteristics and social behavior of cyber NGOs, it can be definite as none-legal person group. Paralleled with natural person and legal person, none-legal person is considering as the "third civil subject ", which can enjoy civil rights, perform civil obligations and civil liability independently. According to the legal status of cyber NGOs, the paper also sort out the specific legal issues involved, which includes obtaining legal status, internal governance structure, members, property ownership, legal limits of authority within the organization, responsibility means, regulatory regime and other issues.Part V is the conclusion and prospective analysis. The best way to solve the legitimacy dilemmas is affirm these academic contents by the form of legislation. As the descriptions above, cyber NGOs are not only an important form of organizational innovation, but also a new social phenomenon in the cyber world. As we all know, the research on cyber word is still at the starting stage in the academic circles. Researchers around the world are still planning effective ways to solve the legal issues the internet, but few of them succeeded. So the related legal problems of cyber NGOs are worth studying, and provide a new angle for the study of the cyber word. Though it is just a trying, it expands and deepens the research field of the cyber word.