On The Improvement Of Non-Governmental Organizations Legislation In China

In recent years, with the rise of global civil society in China and the deepening of reform and opening up, the civil society in China has got its start and development. As the main part of civil society, NGOs'raise rapidly both in amount and type, playing an active role in contributing for the socialist modernization construction in many social fields. While it is obvious that social transformation is providing a broad space for NGOs'development, the NGOs are still facing many difficulties. Because the NGOs in China, compared with that of some developed countries, are still in a relative primary stage of development, and its scale, power and influence are all need further developments. At the same time, there are problems of independence shortage, funds lack, management confusion etc. in the NGOs of China. To a large extent, all these problems can found origin in the legal system falling behind.This thesis includes three parts:in the first part, the thesis defines the concept of NGOs, and explains the theoretical basis and the reasons for the rise of NGOs. On this basis, the thesis analyzed the rise of NGOs in China. Scholars have put forward many explanatory theories for the western countries on the raise of NGOs in the global scope, such as The Government Failure Theory, Market Failure Theory and Governance Theory, etc. But different from western countries, the NGOs of China have their own generating logic and development track, which influenced by the unique politics, economy and cultural under the social transformation of China.In the second part, the thesis points out the problems of NGOs legislation in China. In fact, there are imperfections in guiding ideology, the legislation form and entity defects on the legislation of the NGOs. In details, NGOs'legislation is controlled by the national standard, reflecting the strict control of the orientation in NGOs; lack of association laws and internal governance and participation rules, the strict system of registration, dual supervision. As is known to all, these problems constrained the development of NGOs.In the third part, to solve these problems, I put forward the corresponding measures of solution and legislative proposals. I hope this thesis can provide valuable inspiration and reference for NGOs'legal construction of China.