The Research On The Legal Regulation Of Social Organization Of China

With the deepening of the reform and opening up in China, the socialorganization obtained the soil to survive and the space to be cultivated, and continueto grow stronger. As the basic power of of citizen society, the social organization inthe modern society has become a new form of achieving individual rights, a newmethod of integration of social orders, an important foundation for contemporarypolitic operation, and is one of the indispensable strength of constructing aharmonious society.For the healthy development of social organizations, it needs to handle therelationship between social autonomy and state power correctly, not only to ensure thesocial autonomy organization is fully respected, but also to guarantee the statepower’s "limited" and correct guidance on the development of social organizations. Inthe present day of rule by law, ruling and regulation of social organization under therule of law is a path to implement that we can try. Regulation of social organizationunder the rule of law should include respect for autonomy attribute the legislativevalue orientation of social organization and a balance between freedom of associationand the national power system of legal norms.Initially formed at the present stage in China, including the constitution, the lawsand administrative regulations, the social organization of legislation system. Butbecause the legislation guiding ideology is limit and constraints is given priority to, inthe existing legislation on the practice of social organization met difficulties in theprocess, whether the registration of social organizations admittance system,supervision and management of the system or the right to relief system, are farlagging behind the development of social organizations now need, severely restrictingits role in the function of social organization.Full text in addition to the preface and epilogue, is divided into four parts:The first part, from the Angle of view of the functional requirements, explainsthe important form of social organization as individual rights, integration of theimportant means of social order and modern political operation mode of the new form,is an indispensable force in the process of modern social development and communityorganization form. The second part, from the guarantee citizens’ freedom of association, the socialorganization autonomy and preventing abuse of these three angles to socialorganization demonstrates the necessity of legal regulation system for socialorganization. In reviewing our country social organization, on the basis of legislativehistory, combing the current legislative framework for social organization, whichmainly explains the legislative characteristics and legislation of logic.The third part, combined with the specific case in the process of practice,separately from the access registration system, supervision and management systemand rights relief system from three aspects to detailed analysis of the existinglegislative practice of social organization. Points out that the current socialorganization legislation can not fully guarantee citizens’ freedom of association, alsodo not guarantee the autonomy properties after registration of social organizations.The fourth part, on the base of draw lessons from foreign legislative experience,from the legislation guiding ideology, legislation mode and concrete system designthree aspects put forward the legislative suggestion. Points out social organization theguiding ideology of legislation should be from restrictions to adhere to the balance offreedom of association and the government management, registered in the specificsystem design should reduce barriers to entry, the diversification of the supervisionand management, the introduction of right remedy measures.