A Study On The Legal Issues Concerning Social Organizations' Participation In Natural Disaster Relief

The frequent disasters has made China became one of the worst disasters countries,which have already become the important factor in influencing political,economic and social stability.Along with the rapid development of China's economy,people continue to deepen the degree for the development and utilization of natural,natural and man-made causes of nature has become more in-depth,so that the number,frequency and influence scope of natural disasters have been gradually expanded,and natural disasters have become one of the great challenges that restrict the economic and social development of our country.In the face of natural disasters,how to timely rescue and improve the participation of social organizations is an urgent problem to be solved in the world.With the continuous development of society,more and more social public affairs need to the participation of the government and social organizations."Born into society,Growing in society,return to the society" makes the social organization show its unique charm in dealing with public affairs,which make up for the weakness of the government in the social public affairs operation successfully.It improves the quality of service in social and public affairs.In natural disaster relief,professional,flexible organizational form,voluntary organizational and so on,that improves the efficiency of natural disaster relief,reduce the impact of natural disasters to the disaster areas when they cooperation with the government in natural disaster relief.But now there are still exist many problems during the development process of the social organization,such as organizational legitimacy,legal status of the social organization is not clear,legal liability is not perfect,the legal supervision is not enough and so on.These problems restrict the development of social organizations in China and affect the quality and effectiveness of social organizations participating in the natural disaster relief.The nature of these problems lies in the lack of a good system environment for the development of social organizations in our country.So,put forward the scientific social organizations registration management system,standardize the running of social organizations,strengthen the supervision and management of social organizations,to promote the healthy development of the social organizations to give full play to their own advantages,improve the level of natural disaster relief,reduce disaster losses to mask is an important theoretical and practical significance.All of the opinions in this thesis based on literature at home and abroad of the social organizations participating in the natural disaster relief.At first,I sort out relevant laws and regulations about the social organizations taking part in natural disasters;Secondly,combined with the examples of social organizations in the process of disaster relief,finds out the problems and weakness existing in the process of natural disaster relief,and then analysis them from a legal point of view;Finally,put forward counter measures to guide social organizations take participate in the natural disaster relief,strengthen cooperation and interaction between government,strengthening the legal supervision of social organization.This thesis consists of three parts:introduction,body and conclusion.The main body is divided into four parts.The first part is the status quo of social organizations in our country participating natural disaster relief,including the existing laws and regulations on social organizations to participate in the natural disaster relief regulations and the practice of social organizations involved in the natural disaster relief.On the basis of the list of relevant laws and regulations of social organizations in our country in natural disaster relief activities,combined with the practice of social organizations participating in the natural disaster relief activities,to extend problems in theory and practice of the social organization participating in natural disaster relief.The second part further expounds the social organizations involved in the legal issues related to natural disaster relief.Including:social organizations to get involved in the difficulties of the qualifications of the natural disaster relief;social organizations to participate in the natural disaster relief activities in the lack of legal norms;in the process of natural disaster relief legal relationship with the government is not clear;social organization of legal liability provisions are not clear;legal regulatory capacity is weak,the lack of credibility of the social organization;social organization evaluation,exit mechanism is not perfect etc.Problem.The third part analyzes the causes of the plight of social organizations involved in the relief of natural disasters in China.Specifically from the social organization of the registration management system rigid;social organization legal system top-level design problem;government excessive participation in social organization affairs;supervision system is not perfect and so on several aspects of the analysis.The fourth part of the use of comparative research methods,on the outside of the social organization to participate in natural disaster relief legal system were studied.The from overseas social organizations registration management system;overseas trends of social organization legal relationship development experience;extraterritorial of social organizations were legal system of strict supervision,the related system of Singapore,Germany,Britain,the United States and other countries and China's Taiwan region to carry out specific analysis,and pointed out that China can combine national conditions the reference and the feasibility.The fifth part puts forward the Countermeasures for the effective participation of social organizations in the relief of natural disasters.Including:perfect social organization registration system;strengthen the legislation,do a good job in the development of social organizations in the top-level design;the legal relationship of special legislation to clear the social organization and the government;improve the social organization and the joint system,realize the sharing of resources;to improve the legal system of supervision,strengthen supervision;to explore,third party evaluation mechanism and social organizations exit mechanism for the establishment of.I hope that through the study of this problem can provide effective guidance for the participation of social organizations in the natural disaster relief.