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Original Articles

The “Institutional Space” of Civil Society in China: The Legal Framework of Civil Society Organizations

  • Lester M. Salamon, Partners in Public Service: Government-Nonprofit Relations in the Modern Welfare State (Maryland: Johns Hopkins University Press, 1995).
  • Yu Keping, Zhongguo gongmin shehui de zhidu huanjing [The Institutional Environment of Civil Society in China] (Beijing: Beijing University Press, 2006).
  • Yutaka Tsujinaka and Jae-Young Choe, “Rekishiteki keisei” [Historical Formation], in Yutaka Tsujinaka, ed., Gendai Nihon no Shimin Shakai · Rieki Danntai [Civil Society and Interest Groups in Contemporary Japan] (Tokyo: Bokutakusya, 2002), 255–286.
  • Shinichi Shigetomi, “Kokka to NGO” [State and NGO], in Shinichi Shigetomi, ed., Ajia no Kokka to NGO-15 Kakoku no Hikaku Kenkyu [Asian States and NGOs: Comparative Analyses on 15 Countries] (Tokyo: Akashi Press, 2002), 13–40.
  • The result of the figure of civil society associations per 10,000 persons = 11.05 million (CSOs registered with MOCA) + 2 million (the lower limit of grassroots NGOs and second-level organizations)/ 1347.35 million (National Bureau of Statistics of China, “Zhongguo tongji nianjian” [China Statistical Yearbook] (Beijing: China Statistics Press, 2012), 101.
  • According to statistics of the United States (1990–1994) and Japan (1996–1997), there are 872.6 and 223.7 organizations per every 10,000 persons, respectively. Yutaka Tsujinaka, ed., op. cit. 237–238.
  • According to “The General Principles of the Civil Law of the Peoples Republic of China” (1986), legal entities were divided into four categories: enterprise, government organ, public institution and social organization. SOs, NGNCEs, foundations and mass organizations fall under the “social organization” classification.
  • China Social Organizations Yearbook (Beijing: China Social Press, 2012), 482.
  • Social Organizations Yearbook, op.cit., 501.
  • Ibid, 494.
  • Bianzhi is a list of the authorized number of personnel, as well as their duties and functions in government administrative organs, the state-run non-commercial public service institutions.
  • The bianzhi system covers those employed in these organizations.
  • Source from mass organizations' homepages and official media sites: CYLC: 3,590,000 groups (2013) http://news.xinhuanet.com/ziliao/2004-11/15/content_2220559.htm; ACFTU: 2,320,000 groups (2011) http://stats.acftu.org/template/10002/index.jsp; ACWF: 833,000 groups (2008): http://news.xinhuanet.com/newscenter/2008-09/24/content10103660.htm; ACYF: 55 groups (2012): http://www.qinglian.org/YouthFederation/QinglianInfo/qinglianInfo0.html; ACFIC: 47,203 groups (2011): http://www.acfic.Orgcn/Web/c_000000010003000100030003/d_11989.htm; CAST: 174,914 groups (2011); http://www.cast.org.cn/n35081/n35488/14019330.html; ACFROC: 14,000 groups (2006); http://news.Xinhuanet.com/politics/2006-09/18/content_5105678.htm; ACFTC: 30 groups (2012); http://www.tailian.org.cn/n1080/n1190/index.html (searched date: July 19, 2013).
  • According to “Notice from Ministry of Civil Affairs on certain social organizations exempted from the registration of social associations” in 2000, the following 25 SOs are exempt from registering with MOCA: China Federation of Literary and Art Circles, Chinese Writers Association, All-China Journalists' Association, Chinese People's Association for Friendship with Foreign Countries, Chinese People's Institute of Foreign Affairs, China Council for the Promotion of International Trade, China Disabled Persons' Federation, China Soong Ching Ling Foundation, China Law Society, Red Cross Society of China, Chinese Society of Ideological and Political Work, Western Returned Scholars Association, Alumni Association of the Huangpu Military Academy, National Association of Vocational Education of China and 11 sub-associations and the provincial level associations of the China Federation of Literature and Art (China Theatre Association, China Film Association, Chinese Musicians' Association, Chinese Artists Association, Chinese Ballad Singers Association, Chinese Dancers Association, China Society for the Study of Folk Literature and Art, China Photographers Association, Chinese Calligraphers Association, Chinese Acrobats Association, Chinese Television Artists Association (searched date: July 19, 2013).
  • He Jianyu and Wang Shaoguang, “Zhongguo si de shetuan geming: dui shetuan quanjingtu de dingliang muaoshu” [China's Association Revolution: A Quantitative Description of the Association Panorama], in Gao Bingzhong and Yuan Ruijun, eds., Zhongguo gongming she-hui fazhan lanpishu [Bluebook on Civil Society Development in China] (Beijing: Beijing University Press, 2008), 133–163.
  • China Statistical Yearbook, op. cit., 863.
  • Guo Dingping, “Shanhaishi no shaku kensetsu to toshi kisoshakai nokannri taisei kai-kaku” [Administrative Reform of Rural Communities and Urban Resident Communities of Shanghai], Ajia Keizai [Asian Economic Affairs] (Sep 2003), 21–44; Qiusha Ma, Non-Governmental Organizations in Contemporary China: Paving the Way to a Civil Society? (New York: Routledge, 2006), 58–61.
  • Jia Xijin, Di sanci gaige-zhongguo feiyingli bumen zhangyue yanjiu [The Third Reform: Strategic Management of the Non-Profit Sector in China] (Beijing: Tsinghua University Press, 2005), 9.
  • Democratic parties are the Revolutionary Committee of the Chinese Kuomintang, the China Democratic League, the Chinese Peasants and Workers Democratic Party, the Jiu San Society, the China Zhi Gong Party, the China Association for Promoting Democracy, the China Democratic National Construction Association, and the Taiwan Democratic Self-Government League. All of them were founded before the founding of PRC.
  • Wang Ying, Zhe Xiaoye and Sun Bingyao, Shehui zhongjian ceng: gaige yu zhongguo de shetuan zuzhi [The Intermediary Level of Chinese Society: Reform and China's Associational Organizations] (Beijing: Chinese Development Publishing Press, 1993).
  • The level-to-level administration principle means that one social organization shall register with and be administrated by different administrative levels according to the scope of its activities.
  • Schmitter has devised a definition of state corporatism: “Corporatism can be defined as a system of interest representation in which the constituent units are organized into a limited number of singular, compulsory, non-competitive, hierarchically ordered and functionally differentiated categories, recognized or licensed (if not created) by the state and granted a deliberate representational monopoly within their respective categories in exchange for observing certain controls on their selection of leaders and articulation of demands and supports.” (Philippe C. Schmitter, “Still the Century of Corporatism?” in Fredrick B. Pike and Thomas Stritch, eds., The New Corporatism: Social-Political Structures in the Iberian World (Notre Dame, IN: University of Notre Dame Press, 1974), 93–94). Following the definition, many scholars quoted the system of interest representation after the reform era of China.
  • Possession of more than 50 individual members or 30 unit members; a total of more than 50 members are required.
  • Possession of lawful assets and sources of funding: a national social organization shall have a business fund of more than CNY 100,000, while a local social organization and a trans-administrative-district social organization shall have a business fund of more than CNY 30,000.
  • Possession of full-time staff for the organization's business.
  • Those exempt from registering with MOCA were as follows. Namely, mass organizations, SOs exempted from registration according to the State Council's permission, second-level organizations “hanging under” registered SOs, enterprises, public service units, etc.
  • As professionalism is higher in NGNCEs than in SOs, their professional supervisory agency tends to take the form of a specialist government organization overseeing various sectors, including education, culture and literature, science and technology, physical education, labor, political administration, law and legal affairs, etc.
  • Foundations are divided into public foundations (gongmu jijing) and private foundations (fei gongmu jijin.) Public foundations refer to foundations that can fundraise from the general public, as opposed to the latter ones which cannot.
  • The original funds of national public fundraising foundations should be no less than CNY 8 million; the original funds of local public fundraising foundations should be no less than CNY 4 million; the original funds of non-public fundraising foundations should be no less than CNY 2 million.
  • Omnipotent government means a government that as a decision-maker, investor, regulator and supervisor is attentive to almost all of the political, economic and social areas.
  • In December 2007, the local government reportedly stopped the construction of a paraxylene (PX) petrochemical plant due to public pressure in Xiamen, Fujian Province.
  • “Micropublic welfare” (weigongyi) uses the Chinese version of “Twitter” called Weibo to call for public-welfare movements, and constitutes novel types of public welfare movements wherein cause-contribution funds are solicited and volunteer activities are performed. A representative example is the “Free Lunch Plan” for children promoted in the rural region of Guizhou Province by Liang Shuxin.
  • Apart from the CCP (the ruling party), there are eight democratic parties in China. All of them were founded before the PRC. Multi-party cooperation and political consultation under the leadership of the CCP forms the basic political system in China. Cooperative relations between the CCP and democratic parties are based on the principle of “long-term coexistence and mutual supervision, treating each other with full sincerity and sharing weal or woe.” Democratic parties participate in the discussion and administration of state affairs under the organizational form of the CPPCC.
  • Ministry of Finance of the People's Republic of China, Detailed Rules on the Project of Providing Central Budget Support for Social Organizations to Participate in Public Service (2012).
  • “Central-style supervision” is the administration of SOs by mass organizations or GONGOs, in lieu of a professional supervisory agency. Until December 2012, Beijing Federation of Trade Unions, China Communist Youth League Beijing Committee, Beijing Women's Federation, Beijing Association for Science and Technology, Beijing Disabled Persons' Federation, Beijing Returned Overseas Chinese Federation, Red Cross Society of China Beijing Branch, Beijing Law Society, Beijing Lawyers Association, China Association for Non-Government Education Beijing Branch, Beijing Federation of Industry and Commerce, China Council for the Promotion of International Trade Beijing Sub-council etc., 22 mass organizations and GONGOs have received the certification by Beijing Civil Affairs Bureau as the administrative agency of SOs, NGNCEs and foundations.
  • Policy adjustments and trials between the central government and local governments were performed previously through designated “pilot test regions.” In other words, the local government carried out reform-related orientations and policies established by the central government. This time, in the midst of CSO system reform, a new method of designating “observation regions” was introduced. Concretely, in response to the actual state of economic and social affairs within each region, local governments would create an autonomous plan for reform and implement the policies while the central government observed, following and evaluating the results of those policy implementations.
  • For example, eight areas of Guangdong province (including Guangzhou, Zhongshan, Zhaoqing, etc.), divide specific tasks into sectors such as registration control of overseas organizations, evaluation of social organizations, farming village specialist economic associations, etc., and proceed with reforms for each area. Such policies are seen as attempts to seek reform and innovation schemes that meet the actual socioeconomic realities of each district in tandem with the reforms the central government has imposed at local levels.

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