Research On Association Legal System In Modern China

Association has become a hot topic of academic research and government concern ever since the very start of this century. Nowadays mainland China has more than 200 thousand registered associations, but the related legal system is lagging behind the development of associations and therefore needs to be improved. In addition to consult experiences of western developed countries, we should also look back to our own historic treasures of modern association legal system for reference. Since the existed research on association legal system in modern China are not so focused to be used for reference due to either quite limited or fragmented, I just proposed this research.During my research, I have read a lot of historical materials, monographs and papers on late Qing Dynasty, Beiyang Government, and Nanking National Government, and analyzed this topic from a comprehensive perspective of administrative law and political science by using literature analysis, case study, normative and empirical research. Meanwhile, I drew my conclusion through rebuilding the emergence and development of modern association legal system by carefully following the historical development of modern associations and combining legal system with the real practice of that time.In my research, I categorize the emergence and development of modern association legal system into three phases, i.e. late Qing Dynasty, Beiyang Government and Nanking National Government. The dissertation consists of six chapters besides introduction.Chapter one just introduces and compares the historic backgrounds, overview and guide ideology of the three phases- late Qing Dynasty, Beiyang Government and Nanking National Government- to find the elements influencing association legal system development. Chapter two analyzes the general characteristics of the three phases, i.e. the overall legislation was quite limited through had been improved step by step.Chapter three examines association legal system of the three phases in details covering registration and dissolve of associations, membership, internal governance and meeting rules, financial resources, policy preferences and regulations, etc.Chapter four focuses on the influences the associations brought to the legislation and the implementation of related laws from the perspective of interaction between the society and the state.Chapter five analyzes the main characteristic, positive meanings and limits of the association legal system in modern China.Chapter six draws the conclusion by proposing the reflection of the association legal system in modern China and several references for contemporary association legal system...