On The Outside Of The Foundation In The Activities Of China's Administrative Regulations

Foreign foundation means that the foundation was built in foreign countries or in Hong Kong, Macao, Taiwan. From the eighth age of last century, foreign foundations have been developed quickly and their activities have been covered political area\sustainable development economical area\social area, which also has been a main part engaging in social affairs and possessing public power, related to administrative law issues widely. Meanwhile, foreign foundations are in different grades, even having strongly ideological tone. If we couldn't govern it rightly, it will give the Chinese economic and social development bad effect.Foreign foundation is the typical non-government organization which has the character of non-governmental, non-profit, public good, intermediary, most of them coming from the developed country. In modern times, non-government organization has been endowed more and more public function and has strongly influence in social life besides of the government, so the administrative law studiers have been researching the non-governmental administration and hold a view admitting the non-government organization's position\taking it into the rule of administrative law. As a part of the non-government organization, the foreign foundation also should be ruled by administrative law. "rule by law" and "respect and protect human rights" provided in constitution set that the public power can't infringe legal rights and harm country benefits, so the foreign foundation should be ruled by administrative law in case of abusing power.Our country's administrative controlling of foreign foundation began lately, which is in the form of concerning of ruling foreign foundation in 2004, then < Provisions on the Administration of Name of Foundations>, , . Because of no regulation on registering and governing of foreign foundation, our government took a non-acceptable\non-touching, non-ban attitude to the foreign foundation, making the foreign foundation out of government and the situation very passive. The implement of these regulations fills the legislative blank and gives law basis for the government to govern foreign foundation regularly, stepping forward firmly. But it didn't come to the plan, for the reason that dislocating legislative principle; being lower the legislative grade, lacking cooperated regulations and implement by law; obscuring its position in law; making law lagged and so on.To advance the administration of government on foreign foundation, we should displace the idea which means shaking off traditional idea, putting eyes to the more wide social administrative area, taking the foreign foundation being a part of non-government organization as a administrative organ to make them build a sense of duty and consider the relative's legal needs thoroughly when making decision. At the same time, the relative can protect their legal right by administrative lawsuit when suffering tort. The second step is to clear the principle of administrative law on foreign foundation. These are ruled by law, judicial law procedure and mixing government with autonomy. The third step is to strengthen the study on the effort of foreign foundation for making the government more pertinent and feasible.To govern the foreign foundation's activities in our country, the basic need is to build a suit of administrative law system in various levels. The government should make and perfect the administrative law on foreign foundation step by step, according to our country's situation, absorbing the advanced theory achievement in administrative law; should perfect the government system, change the double government, found the independent mechanism ruling foreign foundation to supervise and coordinate the foreign foundation's activities; should clear the register and other mechanisms' powers to make them work in good order; should change the supervise mechanism and build a new mechanism mixed supervision in advance,supervision in time with supervision later on; should reinforce the supervision from the society by built a perfect social supervision system to regulate the foreign foundation's activities in our country, through comprehensive supervision from the society,media,independent mechanism.