Research On The Legal Status Of Social Organizations In The Social Pension Service System

Social organization is the main carrier of society and the important role,social organizations is rooted in the society,has advantages on mobilizing social endowment resources such as the folk donation,mobilizing volunteers.With the development of the market economy,the establishment of a service-oriented government and the practice development of social organizations,social organizations in the social endowment services have broad prospects for development.However,there are many constraints in our current laws and regulations for the establishment,operation,and supervision,of social organization,lack of corresponding regulations in the legal status confirmation,organization interest’s protection,financial aid,and governance structure.In the reform,legalization lags behind the practice are general in our country,especially lack of overall understanding and grasp on social organization,the legal status,legal nature is not clear.Although national and local authorities has introduced some laws and regulatory documents about promoting social organizations to participate in social endowment service,but these laws and regulations on social organizations legal status is not clear,it did not get the idealistic rights and obligations in social endowment service system,can not solve the legal quality of social organizations in the social endowment service system fundamentally.At the same time,the concept and the classification standard of social organization is chaotic,its concept is indefinite in theory and distinguish in practice.Therefore,strengthening the study of the theory of the social organization,clearing legal status of social organizations in the social endowment service system,to better play its role in the pension services positively and build sound social endowment service system is of great significance.Besides preface and conclusion,this text is divided into four parts:Chapterl:Social organizations and their functions of the social care service system.An overview of the social endowment service system,then introduces the concept,legal characteristics and category of the social organization,finally,we focus on analyzing the functional orientation of social organization in the social endowment service system.Chapter 2:Social organizations legal status connotation in the social endowment service system.This chapter first proposed understanding of the social organizations legal status,then analyzes the legal status of social organizations from the perspective of the department law,finally,proposed social organizations as the subject of social law is reasonable in the social endowment services system.Chapter 3:The defect of social organizations legal status in the social endowment service system.From social organizations rights and obligations,the relationship between government,market entity,legislation and statutory functions etc analysis social organizations defects of legal status in the social endowment service system.Chapter 4:Put forward suggestions of legal status of social organizations in the social endowment service system.Including clarify the idealistic rights and obligations of social organizations in social endowment service system,the establishment of coordination mechanism between social organization with other subject(the government,the market entity,and community),build the independent legal system of social organization,the establishment of social organizations legal function realization mechanism in the social endowment service system.