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Research On The Legal Governance Of Corruption In Social Organizations In My Country

Posted on:2019-07-25Degree:MasterType:Thesis
Country:ChinaCandidate:J W GaoFull Text:PDF
GTID:2436330545470522Subject:legal
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The report of the 19th National Congress of the CPC put forward the requirement of "Corruption no restricted area" and "Deepen the treatment of both symptoms".From traditional corruption to non-traditional recessive corruption,from high-level anti-corruption to grassroots anti-corruption,from power anti-corruption to right anti-corruption,from emotional anti-corruption to rational anti-corruption,from the party members and cadres to comply with laws and regulations to keep the discipline in front,from corruption having been getting worse to a clean government and a clean society.The healthy development between government and society depends on the status,relationship and interaction between the two.As a bond between the government and citizens,social organizations that are overlooked are not "a small issue".How to control corruption in social organizations is not only related to bringing the hazard to country,society and citizens,but also related to a continuation of the anti-corruption process of the rule of law,related to the trust of citizens who voluntarily seek common interests to the voluntary formation of social organizations,related to the enthusiasm of members of society to participate in anti-corruption through various legitimate channels,including using social organizations as a platform.As a kind of social organization,the social organization supervisory committee itself can share the supervisory responsibility for government departments in the form of administrative agreements.The full text of the integrated use of literature analysis,abstract modeling,historical research and other research methodology,divided into five parts:The first part introduces the research background,the significance of the research,the research status at home and abroad and the research methods.The second part discusses the attributes and sources of the power of social organizations separately.The power of social organizations not only has the support of national public power,but also the social power formed after the transfer of the rights of social members.In the process of the interaction between rights and powers,social public power and state public power enjoyed by social organizations also play a harmonious role in the autonomy and regulation.The sources of power for social organizations are the doctrine of empowerment,the contractual theory,the multi-source theory and other dissenting opinions as well as the power of social organizations are inextricably linked to the Constitution,laws,regulations and governments.The author believes that "member contracts" constitutes the power of social organizations.In the third part,the author defines the corruption of social organizations as a behavior which the social organizations(including the heads of the organizations)that gather the state public power and the social power abused their power and used the public resources they got to gain improper benefits for any organization or individual,thereby damaging public interest.Mainly listed rent-seeking corruption,intermediary corruption and participatory corruption three forms of analysis.Summed up the main corpus of corruption in social organizations,concentrated in the field,highly concealed,and refined the "government and social organizations are difficult to separate" lead to the strong dependence of social organizations,internal management and external oversight of the dual absence of legal norms of social organization,the social organization's transparency of information disclosure is not high is the reason of corruption in social organizations.The fourth part,in order to help the healthy development of social organizations,proposed for social organizations,the treatment of corrupt lesions countermeasures.Build a modern "good governance" of corrupt social organizations,focus on strengthening the relationship between government and society "decoupling" and the reconstruction of a new type of "government-social organization supervisory committee-social organization," and create a dual-track supervision model of"government supervision + administrative agreement supervision".While making full use of the "hamburger" and "tire-based" governance models,in order to cope with the shortcomings of inadequate oversight of corrupt professional social organizations,we can try to introduce an independent third-party platform:a social organization supervisory committee.The social organization supervisory committee that I have envisioned should be an independent social supervisory body that is voluntarily formed or commissioned by the government to represent the interests of the general public(members of the organization)and supervise the exercise of the powers of social organizations.Explore the establishment of a system of oversight committees for social organizations,disclose the information of social organizations with clear boundaries of power and exercise of power by establishing the lists of powers of social organizations,and further widen the channels of relief for the abuse of power by social organizations.The fifth part of the Remainder,the "Social Organization Law" to study the drafting work to be carried out in a timely manner,and strive to explore a more complete and comprehensive social organization Corruption of the legal governance measures and measures is the inevitable requirement for the healthy development of social organizations,social organization supervisory committee system should be considered in the social organization supervisory committee.
Keywords/Search Tags:Social organization, Social power, Corruption, Legal governance, Social Organization Supervisory Committee
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