On The Managing Mechanism Of INGOs In China

With the changing situation of the world, the international non-governmental organizations had in constant development and growth. Due to these organizations have a lot of important local and special knowledge, not only high efficiency and strong independence, but also involve wide fields including education medical, science and technology, human rights, poverty alleviation, religious, environmental protection and so on. So we can say, in the forth many fields always has a corresponding international non-governmental organizations play an important role in.On the one hand, in the international society life, international non-governmental organizations actively participating in international law practice, especially the legislation practice of international law, such as in the international human rights law, international environmental law, the supervision and implementation aspect of the international treaty, has its figure even sometimes play a key role, so as to promote the development of international law practice. On the other hand, international non-governmental organizations also promote the social economy and the progress of democracy of the host country. It through to establish the cooperation relations with the government to get government support, provide public services to the whole society that the government is unable to, make up the blank of the functions of the government and has to make positive contribution in aspects of promoting the solution of the domestic affairs.As the increase of the amount and the scale of international NGOs, how to manage it well becomes a major problem that the current states and the international community face. Good management of international NGOs need to set up a complete management mechanism, which will provide institutional guarantee for its smooth activities and avoid potential hazards. The China’s reform and opening up policy in the1980s provides the objective environment for the access of the international non-governmental organizations. However, due to the view of distrust and protection, the Chinese government gradually formed "three-no policy" as the main performance of regulatory philosophy. Then under the influence of this policy, especial the "non-recognition", it is accompanied by a conservative entry value orientation. Besides, in accordance with the "denied" policy and rules formulated by the relevant laws and regulations make international nongovernmental organizations are difficult to obtain formal legal "corporation" status, so they in fundraising, researchers in such aspects as organization has encountered significant obstacles and thus is not conducive to their activities carried out smoothly. From the specific laws and regulations, we knew that the main reason which they can not get the qualification is the complexity of entry procedures. The fuzzy scope of access and no distinction to the type became another deficiency in the whole mechanism. Therefore, the urgent task is to modify the current regulation, such as reduce the threshold, simplify the registration procedures, specify which international NGOs can enter, all of this practices are benefit to create favorable conditions for their access.Regular management stage is the focus of the management mechanism, the present "dual management" model has greatly hindered the development of International NGOs. This management mode requires the registration administration organ and the competent business department have dual responsibility for the NGOs. It is not only affect the access of international nongovernmental organizations, and more importantly, the current laws and regulations has not specific the competent business unit, combined with international NGOs in China did not clear the government department setting, finally making it unable to register and free from the daily supervision. In addition, the "dual mode" also can cause the dispersion of management power, the fuzzy of department responsibility and pass the responsibility to each other and so on. Implement the "record registration and classification management" mode can effectively solve the existing problems. Records requires that all international NGOs in China must go to the registration and management department for the record, approve the register and give the legitimate legal identity for those organizations who are engaged in public welfare activities. This mode is also facilitate to the administrative department supervise those who involved in the sensitive areas, strengthen the control on them. Generally speaking, the final objective of this mode is to provide convenient conditions for international NGOs in China, and at the same time do not lose the regulation.At last, the legal responsibility of International NGOs is the ultimate safeguard and foundation of the entire operation management mechanism. By determining the legal responsibility subject, form, and criterion of liability to set up the whole mechanism are able to produce deterrent, restrain and punish its behavior and the illegal activities till to the standardized management.