Research On The Developmental Predicament And Legal Measuresof Private Non-enterprise Legal-entity

Private Non-enterprise Legal-entity refers to the social organization working on the non-profit public service. According to the civil responsibility. Private Non-enterprise Legal-entity can be divided into corporation, partnership and individual. As a non-profit organization in the period of Chinese economic transformation, Private Non-enterprise Legal-entity plays an important role in overcoming market failure and government failure, working on public welfare services, safeguard social fairness and justice. In China, the laws of Private Non-enterprise Legal-entity including “Provisional Regulations on the Registration of the Private Non-enterprise Legal-entity ”, “interim measures for the registration of the Private Non-enterprise Legal-entity”, “Private Education Promotion Law”. In the general principle, these legal norms are explicitly stipulated that the essential character of Private Non-enterprise Legal-entity is non-profit, and designs its property system on the base of the essential character. The service areas of Private Non-enterprise Legal-entity including education, health, science and technology, sports and other public services. According to the Ministry of Civil Affairs, the number of the Educational Private Non-enterprise Legal-entity accounted for half of the total number of the Private Non-enterprise Legal-entity. To regulate private education, China formulated “Education Law”, “Private Education Promotion Law” and other laws. Therefore, in the analysis process, we should pay attention to “Private Education Promotion Law”, and try to find out legal measures of the legal system of Private Non-enterprise Legal-entity.In addition to the introduction and conclusion, the main body of this paper is divided into four parts:The first part discuss the origin of the name and legal characteristics of Private Non-enterprise Legal-entity. Firstly, This part introduces the origin of the name and the system status of Private Non-enterprise Legal-entity. Private Non-enterprise Legal-entity has been established since 1998. Since then, its number grows rapidly and its service areas keep expanding, so that it has played an important public functions in the public service. Secondly, it states the legal characteristics of Private Non-enterprise Legal-entity, including voluntary, non-governmental, independent and non-profit. In the above legal characteristics, non-profit should be the most important and essential characteristic, as the foundation of the of Private Non-enterprise Legal-entity.The second part analyze the developmental predicament of Private Non-enterprise Legal-entity. This article mainly embarks from the non-profit characteristic, to find out the problems of Private Non-enterprise Legal-entity in the property system. Firstly, Private Non-enterprise Legal-entity can not be classified as “four kinds of legal entity” in the “general provisions of the civil law”, and it is different from corporation, government agency, social organizations. Secondly, the classification is unreasonable. At present, Private Non-enterprise Legal-entity including corporation, partnership and individual form. On the base of direct interpretation and the principle of civil law, there is a conflict among individual, partnership and non-profit, which violate the principle of the unity of rights and obligations. Thirdly, the word “non-profit” is a vague definition. As the fundamental characteristic of Private Non-enterprise Legal-entity, the law does not explain the meaning of non-profit. Whether Private Non-enterprise Legal-entity can be gained through the management behaviors to promote the development of financial support? The management behaviors and non-profit contradiction? In the Chapter VII of “Private Education Promotion Law ”, “Supports and Rewards”, does the regulation of reasonable return conflict to non-profit? All of real problems are because of the meaning of non-profit is vague. Finally, the lack of governmental supports. in China, Private Non-enterprise Legal-entity is different from the traditional public institution. Private Non-enterprise Legal-entity can not be received financial support from the government, resulted in the problems of its survival and development, which impact on its efficiency and quality in public service.The third part elaborates the foreign non-profit organization investigation and relevant systems. Firstly, it introduces the legal supports for non-profit organizations and the non-profit judgment standard in United States. Secondly, it discusses the specific ways of the German government and non-profit organizations signed contracts of public services. Thirdly, it introduces series of measures which Japanese government adopt, in order to support the development of non-profit organizations. By comparing with the property system of non-profit organizations in the United States, Germany, Japan, drawing lessons from foreign experiences in the development of non-profit organizations, we should try to find out the legal measures of Private Non-enterprise Legal-entity in China.The fourth part puts forward to perfect the legal measures of Private Non-enterprise Legal-entity. Firstly, we should construct the concept of institutional corporate. The concept of institutional corporate, should include Private Non-enterprise Legal-entity and government agency. Secondly, we should cancel the forms of partnership and individual. Modifying the current laws, cancel individual and partnership forms and set up Private Non-enterprise Legal-entity. It should be accord with the requirement of non-profit and the principle of the unify of rights and obligations. Thirdly, we should define the meaning of non-profit. Regarding non-profit as the most important characteristic, allowing Private Non-enterprise Legal-entity to work on certain activities for profit with the non-profit purpose, and prohibiting distribute the profits to anyone. Reasonable return in the “Private Education Promotion Law”, can be interpreted as administrative rewards, rather than a way of distribution. Therefore, it is no violation of non-profit requirements. Finally, establish the system of Government Procurement to Private Non-enterprise Legal-entity on public services. By comparing the development experiences of non-profit organization and legislative innovation of Shanghai municipal government in China, changing “Government Procurement Law”, setting up government purchasing public service system, promoting the innovative development of Private Non-enterprise Legal-entity in China.