Study On The Legislative Model Of Social Organization Law In China

The current legislation of social organizations can be summarized as follows:the three major regulations are the main management norms,and the "Charity Law"and the "Law on Domestic Activities of Overseas NGOs" are the main contents of individual legislation,plus some laws and regulations and some of them involving the content of social organizations.The decentralized legislation model of other laws and regulations.The problem of this model,in addition to the inherent drawbacks of the decentralized legislation,is also reflected in the remaining six aspects:the regulatory-type legislative concept hinders the development of social organizations,the lack of supervision of the dual-management system and the excessive co-existence of the shackles of social organizations,and the lack of logic in the classification of social organizations.Consistency,a large number of social organizations are faced with legal dilemmas,there are more prominent institutional blind spots,and social organizations lack judicial remedies.In view of this,a basic law on social organizations should be formulated to steadily promote the orderly repeal,revision and addition of single-bank legislation.The establishment of a new "1+N" legislative model of social organization law is a more feasible plan.In this regard,this article has been considered from five aspects:First,the legislative process is divided into two clues,respectively,to the basic law to be formulated,as well as the legislation of the legislation,the reform,abolition of the work;the second is the legislative process,pay attention to open the door Legislation,interaction between the government and the people,listening to social voices;the third is the elaboration of the relationship between "1" and "N".The basic law is the mother law,and the special law is the supporting legislation in the important fields of social organizations.It follows the logic of the Constitution and the Basic Law.As for the orientation of the Basic Law,the Basic Law should seek balance between the Regulation Law and the Promotion Law,focusing on the organization law and the behavior law.Finally,it should begin with the relationship between politics and the society and explain the relationship between the legislation of the social organizations and the changes in the relationship between government and society..In terms of the construction of the Basic Law,this paper first analyzes the four basic issues of the framework of the Basic Law and the comparison of the draft opinions of the three experts,namely,the selection of behavioral norms,financial management issues,and non-legal social organization issues.On the basis of the question above,this paper proposes the new arrangement of the chapter structure of the basic law of social organizations.Secondly,starting from the specific system of social organizations,we will elaborate on the key areas of the Basic Law,including:the establishment of social organizations,internal governance systems,supportive fostering systems,and supervision and management systems.In terms of unfolding the special law,it first elaborates on the general principle of the special legislation,including the provisions that do not contravene the provisions of the Constitution and the Basic Law,and seeks balance between legal transplantation and innovation.The special legislation considers the degree of difficulty,prioritization,and legislative basis and other factors.Second,put forward their own legislative recommendations according to different levels of legislation.