Theoretical Interpretation of Non-Governmental Organizations: Discussing the Conflicts and Choices in the Current Legal Framework for Non-Governmental Organizations in China

Author: Wang Jianqin
Publisher:
Publish Date: 2005-06-01
Features: The entities corresponding to concepts such as non-governmental organizations (NGOs), non-profit organizations, civil organizations, and social groups mostly refer to the public domain outside of government and the market. These concepts themselves do not have clear boundaries, but there are slight differences due to variations in the subject of expression, background, context, or focus. The legal regulation of non-governmental organizations (NGOs) in China is an urgent issue that such organizations have faced in their development process. As emerging entities, NGOs have exerted significant impacts and influences on traditional legal frameworks, subject systems, and social adjustment mechanisms once they come into existence and grow. The practical reality, unique status, and legal significance of the rise of NGOs necessitate legal norms and recognition of their subject. In practice, for NGOs to operate healthily, legal systems must pay special attention to legal issues such as their activities and purposes, capital and finances, and internal operations. Legal regulation is also required for the supervision of NGOs and legal remedies for administrative infringements against them. As NGOs develop, research on related legal systems is gradually becoming a highly dynamic field in legal studies. Although China has preliminarily established a legal regulatory system for NGOs, it is evident that there are numerous significant flaws and shortcomings. These not only reflect legal technical issues but also inadequate understanding of major problems in legal and policy terms. Strengthening theoretical research on NGOs is a fundamental prerequisite for accelerating the legal development of NGOs. The lag in the legal system for NGOs in China has specific historical and social contexts. Beyond the influence of traditional culture spanning thousands of years and the unique social environment of China's current transformation period, its deeper elements lie in theoretical research and cognitive issues. The theoretical problems of NGOs are very complex and also emerging topics. From a legal perspective, they involve not only constitutional and international human rights law but also administrative law, among others. For example, Article 35 of the Constitution of the People's Republic of China states: "Citizens of the People's Republic of China enjoy freedom of speech, publication, assembly, association, and demonstration." The right to association is a fundamental right granted to citizens by the constitution and falls under the scope of legal norms. Since China currently lacks a basic law for NGOs and instead regulates them through administrative regulations, and since administrative regulations are essentially oriented toward management, their protection of citizens' rights to association is limited. This reflects the current misalignment in legislation and confusion in understanding. Moreover, serious in-depth research is needed on why the constitution grants citizens the right to association, what aspects this right encompasses, whether such rights can be restricted, and what requirements legal and governmental remedies for restrictions on association should meet. At the same time, the issue of association is not only important in legal studies but also in political science, sociology, public management, and administrative management, among other disciplines. Therefore, NGO theory is a multidisciplinary composite science, involving scientific theories from fields such as political thought, sociology, and economics, among others. This book discusses China's current legal issues concerning NGOs from five aspects: the significance, role, and status of NGOs; the theory of NGOs and civil society; the theory of NGOs and the right to association; the theory of NGOs and their relationships with the state, society, and individuals; and the theory of NGOs and legitimacy.