Legal Protection Of The Interests Of Its Foreign NGO In China

With the evolution of globalization processing, more and more the INGOs givetheir attentions to China, who with a population of1.3billion. So far, there arethousands of (including registered and unregistered) the INGOs (including HongKong, Macao and Taiwan) have come to China. Most of the INGOs committed to theglobal welfare. The society of China is in transition, so it may easily lead to somesocial marginal problems. The entrance of the INGOs plays an important role in thesesocial problems. However, the attitude of the government to the INGOs is blurred,neither strict controls, nor let them free to develop. That lead the INGOs have no lawsto follow and can not be guaranteed by laws. It may hinder INGOs’ development inChina. The lack of legislation for the INGOs, often let the INGOs can’t findregistration department. The first threshold is easily to make the INGOs stand in thedoor. Even they have entered to China, the other interests, such as the scope ofactivities, tax relief, cooperation permissions always neglect by Government also cancause a huge obstacle. Rights and interests can not get effective remedies alsocontrary to the legal concept of a socialist country. China must fundamentally changetheir minds, to establish a sui generis system for INGOs in three aspects registration,daily supervise, and remedies.The first part starting with the concept of NGOs to describe the NGOs’ basiccontent and features, and analyses the NGOs’ effect to community in both positiveand negative aspects. And states the recognition of United Nations to give the statusof NGOs, leads to NGOs should enjoy the rights and interests. For the second part,first, author described the advanced manage experience of NGOs in foreign countries,and take some practice which are applicable to China, to give an introduce to thefourth part of the protection of INGOs in China. The third section, analyses thecurrent situation of INGOs in China and China’s INGOs legal environment, andpoints out that China’s four shortcoming of the existing model. The fourth part, aim atto give the aforementioned problems for the corresponding countermeasures analysis.At the end of the analysis, author think INGOs interests in China still have to rely on state-level legislation to support a full-scale protection.