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Research On The System Of Registration Of Civil Organizations

Posted on:2016-01-29Degree:MasterType:Thesis
Country:ChinaCandidate:J X QinFull Text:PDF
GTID:2296330467494235Subject:Law
Abstract/Summary:PDF Full Text Request
Ngo is a right of bearing civil association, social governance andpublic service, and many other content comprehensive proposition. Thedeepening reform of market economic system and political system,arouse the citizen consciousness gradually while, also let China’s currentNgo to redefine its own social value.Through "social organization registers management regulations, theregistration of a people-run non-enterprise unit" management provisionalregulations ", the "regulations on the administration of foundations" threeadministrative rules and regulations set up registration system fornon-governmental organizations, government, restrictive condition, thecondition of registration procedures, the legal consequences of civilorganizations to take stringent controls. Theoretical analysis ofassociation rights, obvious ngo registration system in China "limit ofassociation, freedom of association", difficult to meet the demand of civilassociation; From the legal theory analysis, forcing the ngo registrationsystem in China the practice of social organizations must register is alegal person lack of actual need, type caused a large number ofunincorporated organizations face a crisis of legitimacy; Analysis fromthe perspective of the administrative licensing, ngo registration system inour country the government administrative behavior of all withoutdistinction between positioning for the administrative licensing not onlyimproved the folk organization admittance threshold, will wasteadministrative resources, also affect the administrative efficiency. Overall,the current ngos registration system of social problems, can from theperspective of citizens, civil organizations, government three analysis. From the perspective of the citizens of the system affect the exercise ofcitizens’ freedom of association; From the perspective of folkorganization, the system affect the ability of the ngo service enhancementand diversified development; Waste from the government’s point of view,the system of administrative costs, not conducive to limited, theconstruction of a service-oriented government.It can be said that the "double responsible" as the core of ngoregistration system is at the crossroads of history, reform becomeinevitable trend. For example, the shenzhen city industrial andcommercial economy, social welfare and charity kind of special type ofsocial organization such as registration, cancellation of the examinationand approval of the competent business unit, applicants may applydirectly to the Ngo registration administration organ for registration. Thisapproach has also been a positive from the ruling policy. In2012at theeighteenth national congress of the communist party of China:"deadlineto achieve real decoupling industry association chamber of commerceand the administrative authority, focus on cultivating and priority to thedevelopment of industry associations, technology, public welfare charity,class society of urban and rural community service organizations, when itwas formed directly apply for registration in accordance with the law.".Government to Ngo "closed" and "suo" the strength of the hold, notonly determines the exercise of the citizens’ freedom of association spaceand path choice of Ngo to participate in social service, also test to a greatextent the government of social governance innovation ability andtolerance of social forces. On the basis of practical experience at homeand abroad for reference, the author from two aspects of idea renewal andthe legislation perfect put forward the Suggestions to China’s ngosregistration system reform. In terms of concept, should have scientific understanding of association rights, straighten out the relationshipbetween the government and the Ngo; In terms of legislation, the priorityis to develop a comprehensive "folk law" or "the law of association, thenew legislation should consider repeated association, the right of Ngoclassification management, reasonable division of government functionsand to define the nature of administrative action, must compete with thereasonable type between the Ngo, financial supporting measures ofperfecting Ngo registration system.
Keywords/Search Tags:Ngo, association Rights, Administrative License, The LegalPerson System
PDF Full Text Request
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