China Nonprofit Organization Legal Issues

The Non-profit Organizations (NPOs) are playing more and more important social and economic roles in the world today. NPOs could tackle the problems unreachable by the government and the market. NPOs are also regarded as Non-governmental Organizations, The Third Sector, Artificial Person for Public Good, Philanthropic Organizations, etc. 1Since the implementation of reform and opening up, with the economic development and social changes, NPOs in China have experienced rapid development in recent 20 years. They are playing a compensating role for the government in the areas such as environmental protection, helping the disadvantaged, medical care and education. China provides the right to freedom of association in its constitution, and draws up regulations on NPOs from the level of administrative law. However, it is regrettable that so far there is not a special law on NPOs. The basic rights and responsibilities, financial relations, organization structure, government relations and other issues of NPOs which should be specified by the law, now has to become the loophole of the law or has to be stipulated by administrative law. And in the current law, the registration and approval system, dual administration system, competition constraint system, obscure regulation on internal management, unenforceable supervision system, all hinder the development of NPOs, and do not conform with the demands of the legal society and the civil society. It has become an urgent and arduous task for China to build a legal system which is in conformity with the current situation of NPOs, to improve the related laws and regulations, to strengthen the government's support to and supervision on NPOs.This thesis analyzes the concept, legal framework of NPOs and problems of the current law and regulations, with focus on some main issues including the legal system, registration system, internal management, government relations, supervision system and taxation regulation. Asian countries share similar history and culture with...