Research On The Registration System Of Social Associations Of Our Country

In the current national development system, market economy, limitedgovernment and civil society have been considered to be a whole, which rely on eachother, and are the Trinity. So, the government, enterprises and non-governmentalorganizations are the three pillars of the modern piuralistic society. Among them, thevalue and function of non-governmental organizations, which can effectivelycompensate for the inadequacy of the country and the market, and can solve socialcontradictions through the balance of the interests, can not be replaced. As the mainforce of non-governmental organizations, social associations' functions in theconstruction of civil society should not be overlooked. In recent years, socialassociations of our country have been in fast development. But, unfortunately, therapid growth of the number has not changed the lag condition of overall developmentof social associations. Social associations have depended on the government in thehigh level. Typical features associations should possess, for examp, independency,voluntary and so on, have been not enough. One reason is that our current registrationsystem of social associations is imperfect. Dual-license registration system, strictconditions for establishment and the lack of legal norms have made associations fallinto the predicament of congenital deficiency in the growth. Based on these, we needto study the registration system of social associatons. Through the study, we hope tomake our associations develop healthily. And based on it, plural social institutions areconstructed, then positive interaction between government and society is promoted.In the paper, through comparative analysis, empirical analysis, text analysis andother methods, the author studies the registration system of social associations of ourcountry. In the first part, the author briefly introduces the registration system of socialassociations of our country. By using longitudinal comparative analysis, the authoranalyses the characteristics of our registration system of social associations in different periods, in order to explore the changes in different social environment. Inthe same time, the main content of our current registration system of socialassociations and the conditions of the implementation are introduced. In the secondpart, the author introduces the theoretical bases of the registration system of socialassociations, according to which, and find out the problems of our current registrationsystem. The right to set up social associations is one of the important contents of thefreedom of association. The right to establish corporations is a very important aspectof the freedom of association. But in our current registration system, dual-licenseregistration system and strict conditions for establishment have caused excessiverestrictions on the freedom of association. Because social associations must have thequalification of a legal person, many of them can't satisfy the requirement, and thenbecome illegal associations. But because of their irreplaceable functions in the social,economic and other aspects, the government can not simply ban them. So socialassociations fall into legitimacy dilemma. And the registration system and therestriction of competition, to some extent, have hindered the construction of the civilsociety of our country. In view of problems, we need to find out the effective methodsto solve them. The ways existing in the world are very worthy of our reference. In thethird part, the related systems of other countries in the world and the practices ofsome local governments in our country are introduced in detail. By using thecomparison method, the author analyses the systems of other countries and thepractices of some local governments in our country, and then sums up experiencelearning from them. For the registration and management system, there are mainlythree kinds of modes, such as the Dual-license system, classification-license systemand laissez-faire system. The three modes each have advantages and disadvantages.According to the different national conditions, they are suitable for different countries.While some local governments of our country always have been committed to thereform of our current registration system. Among them, single license system that isexecuted by Shenzhen city, to some extent, has the innovation significance. For thesystem of non-corporate associations, most countries had banned or limited theirdevelopment previously, but now many have acknowledged their legal existence.Therefore, recognition of legal identity of non-corporate associations has been the development trend of the system. In this part, by using empirical analysis method, theauthor analyses the documentation system, which is the try to the system ofnon-corporate associations by some local governments in our country. In thecircumstance that related laws and regulations are unsound, the documentationsystem can be a transitional measure. But it also has some shortcomings. Finally,based on the first three parts, the author comes to conclusion. Through drawinglessons from foreign experiences, and combining with the actual condition of ourcountry, we should consummate our existing registration system of our country. Atpresent, according to China's development in the political, economic, social and otheraspects, perfecting the registration system has great realistic feasibility. Because thereare many legal problems in the association's aspect, making a special law onassociations is imminent. So firstly, we need to make a basic law on the freedom ofassociation. Secondly, perfect the current legislations of associations. For examp,perfecting the registration and management system of social associations, which hasgreat influence on the freedom of association and the construction of civil society.According to the introduce of the modes of other coutries, in theory, our countryshould be on the group of a laissez-faire system, and if a association wants to becomea legal entity, it must get the license from the administrative organs. But taking accoutof present situations of China, some intergradation and temporary substitute measuresof the registration system have their rationality. Through drawing lessons fromdocumentation system that some local governments have practiced, implementationof single license system, based on the documentation system, is currently a desireddirection of the reform of registration system. That is to say, for the legal associationswhich comply with the registration conditions of legal requirements, we shouldimplement single licese system; for non-corporate associations which fail to achievethe conditions required by law, we should relax conditions and implement thedocumentation system. In addition, we also need to reduce the conditions ofassociations' establishment and allow competition. But because of the nature,political associations still apply to current legislations on the dual-license registrationsystem, conditions of establishment and limiting competition. Finally, we shouldperfect the related laws and regulations, especially "administrative litigation law", which is a relief measure of the registration of associations. We should explicitlyincorporate the specific administrative acts involving the freedom of associations intothe scope of administrative litigation.