On The Legalization Of Civil Organizations In China

In the framework of the existing laws and regulations,China's civil society organizations have serious legal problems,that is to say,the laws and regulations of civil organizations have hindered the process of the legalization of civil society to a great extent.There is such a phenomenon of folk organization in China,namely,whether in the official context and theoretical circles have generally considered folk organization scale but also play a unique function and role,but the strange thing is,people are very difficult to feel it,feel more difficult to provide services and facilities.At present,the transition countries are promoting service-oriented government,from centralized countries began to decentralization,then gave birth to different from the traditional official sponsor,has the citizen autonomy a number of non-governmental organizations showing high growth state.At the same time,non-governmental organizations in legislation and enforcement of the "illegal" problem also becomes more and more obvious,the effectiveness of the provisions,legal system of non-governmental organizations problems,lead to civil society organizations predicament two dilemmas legality and legitimacy in theory.The basic status of this paper is the legalization of civil society organizations in China,which can not keep up with the pace of the times.In this paper,the author,on the basis of China's local resources,has also been inspired by the relatively mature civil organization legal system in the west.There is no denying the fact that in recent years,there has been such a kind of sound,that is,the western determinism".The modern society is advocated by Western guidance,from the beginning of"geographical discovery",the spread of the west to create their own values,leading the industrial civilization and information civilization,and determines the final form of social system of capitalism.I do not intend to discuss the right and wrong of this view,but to show that the western system,especially the impact of the civil organization system on the world and its significance.The problems of the legalization of civil organizations in China.At present,there are too many obstacles to the establishment and operation of civil organizations in therelevant legal framework.The folk organization legislation current is only limited to administrative regulations and departmental rules form,instead of the NPC and its Standing Committee established by the legal form,which conflicts with our "constitution" the provisions of article thirty-fifth of the People's Republic of China citizens enjoy freedom of speech,press,assembly,association and demonstrations,freedom.This conflict infringes on civil rights,which should be based on the principle of "constitution" better than the general law and the application of the laws and regulations.This is a great resistance to the legitimacy of civil society organizations in China,and it is also an urgent problem to be solved.The folk organization is accompanied by new things and the evolution of the development of the times,from the development trend of the world,most of the developed countries in the world since the modern folk organization gradually liberalized restrictions,ultimately,China is bound to follow the trend of deregulation.In the eighteen proposed to deepen the reform of the background,our government is changing from management to service,although faced with obstacles,but the most direct consequence is that the government will withdraw from the vacuum left power in some areas,but the folk will gradually fill the vacancies in the organization.This paper will be based on western mature civil society organizations on the legitimacy theory and folk organization system,combined with the reality of our country,which focuses on the analysis of China's civil organizations in the administrative regulations and the future of the folk organization legislation problems,and puts forward some improvement ideas,ways to conclude our NGO problem the legalization of.