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Research on Legitimation of Social Organization Management System

Author: LiAng
Tutor: ZhouShi
School: Northeastern University
Course: Constitutional and Administrative Law
Keywords: Social organization Management system Legitimation
CLC: D922.1
Type: Master's thesis
Year: 2013
Downloads: 5
Quote: 0
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Abstract


Our country’s legal system of the social organization is not perfect, which is just because of the low legal hierarchy of relevant laws and regulations on social organization’s development and its management and supervision system, and there is no law that can comprehensively and clearly define the conduct and regulation of social organization. Therefore, either defects or suggestions still stay in the level of administrative research of the social organization and it is difficult to rise to the level of legal research. The most important problem among them is that the relationship between the legal status of social organization and the register of social organization has not been properly settled down in theory. This article commences from the current dual management system of social organization which has caused a lot of problems in reality, and analyzes its problems and underlying causes. Using the freedom of association as the guiding ideology, the article aims to build the relevant laws and regulations of society organizations, and improve the legal status of social organization. Furthermore, the article will make a more equal legal relationship between the government and the social organization, and will use the legal procedures to adjust and constrain the supervision of government and the behavior of social organization.This paper contains six chapters. The first chapter is the introduction. The second one briefly introduces the situation of social organization and its management system, especially the necessity of legitimation of social organization’s management system. Since the current situation of the management of social organization remains in the administrative management stage, the third chapter analyzes the disadvantages of the existing dual management system of social organization, which are from its outside weakness into its internal weakness, and discusses what has been taken by the power worship culture and the expanding administrative power. Chapter four meanly tells the experience and enlightenment of the rule of law on other countries’society organizations development. And in chapter five, the article gives the ways to improve the legitimation of social organization management system. It starts with how to establish legal norm of social organization, and it tends to build a logical and equal relationship between the power of government and the rights of social organization. What’s more, the article bases on the classification of social organization, and advances a legal register procedure which is combining the administrative affirmation procedure and the administrative permission procedure as well as a credit appraisal system of social organization which comes from the administration. Its final purpose is to build up a legal register and management system of social organization. The last chapter is conclusion.

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