| Co-Investigator(Kenkyū-buntansha) |
TAKAMIZAWA Osamu 東京大学, 東洋文化研究所, 教授 (70212016)
UDAGAWA Yukinori 名古屋大学, 法政国際教育協力研究センター, 准教授 (80298835)
CUI Guangri 尚美学園大学, 総合政策学部, 教授 (60360880)
ISHII Tomoaki 明治大学, 商学部, 准教授 (90350264)
SAKAGUCHI Kazushige 北海道大学, 大学院・法学研究科, 助教 (10507156)
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| Research Abstract |
Up to 2009, the number of formally registered social organizations has reached 431,069 (including 237,847 social groups, 190,479 private non-enterprise units, and 1843 foundations). However, there are far more unregistered organizations with precarious legal status that are active in the dark. The background of this issue is that during establishment, the permit procedures carried out by the competent authorities and the registrations made by the civil affairs departments have formed a dual administrative system, by which the hurdle of registration has been raised. About the freedom of association, the actual situation is that the principle that 'everything which is not allowed isforbidden' has been applied, and 'prohibition of association' which is contrary to the provisions of the constitution has become a principle. Currently, the debate about the legislation of social organizations is being carried on. However, how to invigorate social organizations, while maintaining a tight political control in order to prevent them from causing dissent, is a self-contradictory question that cannot be easily answered by a concrete system. In a bad legal environment, and under the rule of the Communist Party, social organizations have achieved the function of adjustment of interests which have become more and more pluralistic in Market Economy, the function of social self-adjustment, the function of service delivery which is difficult for the administration, the function of (some sort of) "political participation', as well as the function of public welfare, and thus have some kind of effects on tension relief in China, which lacks political democracy.
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