Plight of the Rule of Law and Countermeasures for Non-government Organizations Participating in the Public Crisis Governance in China
|School||China University of Petroleum|
|Keywords||NGO Public Crisis Management Law Dilemma The right to freedom of association|
NGO is established by law, with a non-governmental, non-profit, voluntary, self-government and public welfare, and is committed to solving social problems and the provision of public services public organization, which serves as the backbone of civil society , can make up for the government and the market both public resource allocation system failure. In the interests of diversification, multi-center of power, social networking, public crisis complicates today's society, non-governmental organizations in the integration of social interests and participate in social management and safeguard social stability and promoting social harmony has played an increasingly important role. Therefore, from the perspective of the rule of law NGO participation in public crisis management, not only has important theoretical value, but also has positive significance for the practical guide. Thesis using literature and empirical research methods, drawing on existing research results, firstly, to non-governmental organizations and public crisis management more scientific definition of the concept of non-governmental organizations in the field of public service roles and functions of the government and the market failures, civil society, governance and new public service theory and the status of public crisis discourse, non-governmental organizations to participate in public crisis management to provide theoretical and practical basis; Secondly, legislation, law enforcement, judicial and oversight to analyze the four dimensions China's non-governmental organizations in the public crisis dilemma faced by the rule of law. If the Legislative Council on the lower level, legislative lag, high barriers to entry, lack of NGO rights provisions; enforcement re-registration of light management, the low level of law enforcement, fundraising enforcement mechanism is not perfect light and heavy regulatory cooperation; judicial administrative proceedings narrow scope of the case, the administrative reconsideration function formality; oversight on internal supervision and external supervision difficult absence; Again, from the culture, the concept of the rule of law and other five aspects to analyze the plight of reasons, first, the lack of NGO cultural environment; two is the official standard thought strong; three guiding principles of legislation there are limitations; four non-governmental organizations, relevant theoretical research lag; five non-governmental organizations for their own reasons, such as lack of ideas, lack of independence and social credibility; Finally, in combination with the development of our NGO status and state of the environment based on the rule of law, the rule of law from abroad to participate effectively in national NGO successful experience in public crisis management, and from the ideas, concepts, legislation, law enforcement, judicial and oversight five put forward corresponding countermeasures: Government should change its bias against NGO awareness From standard to rights-based transition obligation; non-governmental organizations to develop and improve relevant laws, regulations and modify unreasonable to give more substantive rights; improve the quality of law enforcement personnel, and improve enforcement mechanisms and improve cooperation fundraising governance mechanisms; expand the scope of administrative and judicial remedies, strengthen functional role of administrative reconsideration; strengthen NGO internal and external oversight, thus the effective participation of non-governmental organizations to provide an orderly public crisis governance, strong and effective legal environment.