Governance Of Social Commonweal Organization Under The Soft Law

Now, Chinese social commonweal organizations have entered the a period of rapid development, however, accompanying with a series of scandal.To solve the problem based on social welfare organization, this paper defines the relevant concepts of social commonweal organizations in combination with the basis of domestic and foreign literature. The writer tries to give the explanation of what the soft law should be in this paper. According to actual demand of governance of social commonweal organizations. This article analyses the defects of the current social commonweal organizations governance system in China:strictly controlling the access, legislation lags behind, lack of tax incentives, hiatus of government regulation, and points out the crux of the problem:error of positioning social commonweal organizations in China.Under the failure of hard law, through the introduction of soft law perspective, this paper summarizes those soft law which has something to do with the social commonweal organizations. Based on the various regulators who has different incentive motivation, this paper puts forward the a series of solutions different from the traditional hard law such,as the establishment of social commonweal organizations autonomy filing system, helping construction of social commonweal organizations which have internal soft method to developing the procedure. The writer wants to using the soft law in order to solve all regulatory incentive problems, like scientific legislation, tax incentives.The conclusion of this paper is not the traditional complementary legislation, but attempts to introduce the approaching of the soft law. Public governance will need soft and hard law in combination, in order to solve the problem of social commonweal organizations governance in China and make a creative response.