The Research On The Legal Status Of Environmental Protection NGOS

As many country’s environmental protection NGOs developed in a high speed. Thedevelopment of China’s environmental protection NGOs is very poor. The fundamental reason isthe lack of legal status. Only by addressing this issue, we can clear the fundamental obstacle to thedevelopment of environmental protection NGOs.Environmental protection NGOs are not actually a precise legal concept. First of all, weshould clarify the meaning of NGOS. After this, we can limit the range of the environmentalprotection NGOs by define the characteristics of them. Though such a Process, we know thatenvironmental protection NGOs is a non-profit organizations for the purpose of environmentalpublic welfare. It has the value of guide the public powers of environment to return to society. Inaccordance with its own characteristics, environmental protection NGOs have the function ofForming the social basis of environmental protection, overcome the limit of the public power ofenvironment, safeguard citizens’ environmental rights, Promote global environmental governanceand so on.The legal status of environmental protection NGOs in the Chapter II is the most importantpart in the article. We will discuss can environmental protection NGOs be a civil subject? Can be alegal person? Become what kind of legal person? By discuss about these questions, we will findthat the optimal form of Environmental protection NGOs is nonprofit corporation. Becauseenvironmental protection NGOs is set up for the environmental public interest. So In the sub-typeof nonprofit corporation, it belongs to the public welfare legal. If our country need to address theproblem of confusing type of environmental protection NGOs, we need reconstruct our legalperson classification system,and improve the construction of the nonprofit corporation.After we have a clear understanding of the optimal form of environmental protection NGOs,we should discuss how can environmental protection NGOs get this position. Only when the non-governmental environmental groups in line with the purpose of the establishment of theEnvironmental Public Welfare. The number not less than three and have the necessary funds, andregistered.They can get the appropriate legal status. If they need a tax-free status, environmentalprotection NGOs should audit by the tax unit. After environmental protection NGOs get theposition of legal subjects, they will get the corresponding Legal capacity. The Legal capacity is acomprehensive variety of specific rights. It conclusion the environmental rights guarantees tocarry out its work, and given their tax-exempt status to ensure its operation. Of course, the right tofulfill corresponding obligations. Environmental protection NGOs will be constrained by the principles of Prohibit personal interests, restrictions on commercial activities and strengtheninginformation disclosure.