Discussion On The Registration System Of Social Organizations In China

Along with the gradual deepening of the reform of the political system, NGOs in Chinaflourished, and played a significant and positive role in innovating the public administration,relaying the transformation of government functions, reshaping the legitimacy of politicalpower and so on. Nevertheless, due to the idea which is “nation controls everything”,governments take severe measures to supervise NGOs, especially in the access system of“dual licensing ". High registration threshold and too cumbersome registration processexcluded a large amount of legitimate and beneficial NGOs outside the system, causing themto bear a heavy pressure and burden in applying for grants, tax incentives, and credibility. Incontemporary China, social transformation is rapid and the demand for citizens to establishassociations has become increasingly prominent. Dual licensing registration system isgradually losing effectiveness and in a hardship situation.Freedom of association is a basic civil right stipulated in the constitution, however,existing laws and regulations reflect excessive restrictions on freedom of association insteadof substantive protection, leading that freedom of association in China is far behind theinternational standards of human rights. The reform in Guangdong Province and some otherlocal governments enhanced the citizens ’freedom of association in some extent; however, thecurrent reform is with a strong functionalism color, but not to safeguard the goal of realizationof citizens’ freedom of association. Therefore, this article proposes that on the basis ofreducing the substantial elements, a model of the zig-zag should be build according to theclassification of NGOs. NGOs which don’t have the legal conditions for registration can beestablished in the form of review by the executive authorities; those who have the legalconditions for registration can choose to register as a judicial person or foundation,established by the executive licensing; those political or religious NGOs still take a duallicense registration system.