Exploration Of The Third Sector

This dissertation is mainly a basic analysis of the third sector andits significance to the rule of law from the jurisprudential angle of view.As we kown, the rule of law implies restraints on the authority of thegovernment and protection for civil rights, therefore, this article makesfull use of the third sector's contributions to restraints on authority andprotection for civil rights to clarify its importance to the rule of law.The introduction of this article deals with the background of it, andadvances the theme, namely the third sector.The first chapter firstly discusses fundamental concepts relevant tothe third sector, such as its definition and characteristics, etc. Then itdiscloses the inherent connections between the third sector and itstheoretical basis, namely the civil society.In the final part of this chapter,the third sector is defined as a community of demands, a community ofinterests,and most essentially, a community of rights,from thejurisprudential angleof view.The second chapter mainly elaborates the long history of the thirdsector in western countries, referring to some examples like thebrotherhood and the guild.Charitable organizations are chosen as modelsto illustrate what an important role religious mood and spirit ofvolunteers have played in this history.Taking the legal surroundings as an example,the third chapterdescribes the social conditions and status quo of the third sector inChina, and pictures the difficulties confronted by them.Strictly speaking,because of the overwhelming authority of the government and theabsence of social autonomy, there is no third sector in China.However,recent social reforms show the third sector in China a brilliant future.The fourth chapter mainly elaborates the connections between thethird sector and the rule of law. First, The third sector places socialrestraints on authority, avoids tyranny of the majority, and secures civilrights; Second, the third sector helps to found the social self-discipline system; Third, the third sector, which is a kind of community, couldstimulate the consciousness of human and advance the spontaneoussocial order to fill the vacancy left by the law.These are significantcontributions made by the third sector to the rule of law.