A era of legislation of a social organization is coming.。September 1, 2016 "The Charity Law of the People's Republic of China" (hereinafter referred to as the "Charity Law") was officially implemented，my country's charity legal environment、The institutional environment and operating environment have opened a new situation。As the first charitable law in the history of our country、The first basic and comprehensive law of my country's charity construction，The promulgation and implementation of the Charity Law will inevitably lead the "Regulations on the Management of Social Group Registration", "Foundation Management Regulations", "Regulations on the Management of Social Service Institutions" and related supporting standardized legal documents.。

For three years，Various supporting standard legal documents entered the process of turning on the waste。One of the important tasks in the process of supporting is to handle the three major regulations and the "Charity Law"、Internal relationships in the three regulations。This article combines the research and analysis of the relevant scholars' research and analysis of the supporting dilemma after the implementation of the "Charity Law"。The previous "Regulations on the Management of Social Group Registration", "Foundation Management Regulations" and "Interim Regulations on Registration Management of private non -enterprise units" are separate legislation，A "three -in -one" method was adopted in the matching process，That is, the "Regulations on the Registration bet365 Play online games of Social Organization (Draft for Consultation)" (hereinafter referred to as the "Draft for Consultation") as an administrative regulations in this field。Social Group、Foundation and social service agencies have both common and personalized，Therefore，Unified management of social organizations in the field of social organizations in a "three -in -one" manner。

At the same time，The supporting standardized legal documents represented by the "Draft for Solicitation Opinions" have the aspects and links that affect my country's charitable legal environment and even the overall situation of the rule of law。Although these aspects and links have not fully entered the practice level，But whether it can be implemented in accordance with this model, it is worth doubtful。Investigate its fundamental，These dilemmas come from the government and society、The boundary between public power and private rights is unclear，my country's government and its department、Government -run charity organizations occupy an important or even dominant position in charitable activities。In order to get out of the predicament of the current charitable legal system，It should be started from the root，As scholars say，​​It is necessary to re -divide "the boundary of government power and citizen rights in the charitable field，This boundary can actually be summarized as: charity should be left to citizens freely，The government can participate in charitable except for a limited legal situation，The main power of its charitable career is to supervise the legitimacy of charity、Right running "。At the same time，This article also agrees with Bet365 app download this view，In the process of formulating the standardized legal documents of the supporting facilities，It should be consistent with the legal system，The provisions of the lower method are consistent with the current constitutional regulations、Coordinate with the existing legal system，Ensuring the realization of the basic rights of citizens。Specifically:

　　Bet365 app download The Third Plenary Session of the 18th Central Committee of the Party decided to propose to "stimulate the vitality of social organizations"，The Fourth Plenary Session of the Eighteenth Central Committee decided to propose to play the positive role of social organizations in the construction of a social rule of law，The report of the 19th National Congress of the Communist Party of China is proposed，To implement the reform of the State Council to deepen the "decentralization service" reform、To promote the healthy and orderly development of social organizations as the top priority of legislation。In the supporting facilities, we must fully follow the reform of the reform of the vitality of social vitality，The reform dividends brought by some local initiatives are fully reflected in legislative facilities。Tightening it to be put、The virtual setting of the tube、The sleeves of this service watch，Make it in line with the central deployment spirit and requirements。

　　Second，In the legislative system，The relationship between the upper position and the lower law must be in line with scientific legislation、Principles of democratic legislation and legislation in accordance with the law。The report of the 19th National Congress of the Communist Party of China proposes to "promote scientific legislation、Democratic legislation、legislation according to law "，And this legislation has space in this regard。One，In terms of scientific legislation，in the rules、category and system can be more scientific。In terms of legal system，The lower method cannot increase the obligation that the upper position does not have，If you cannot improperly limit the scope of the person in charge of the person in charge of the charitable organization、The scope of the person in charge of the institution and the legal representative cannot be improper、It cannot be improperly increase the conditions of the foundation initiated by the foundation; in terms of rights and obligations，Need to straighten the inverted rights and obligations、Implement the fuzzy rights and terms、Reduce too high entry threshold、reduces excessive obligations; in terms of category use，Make profit -making activities、Public Welfare、Positioning of concepts such as mutual benefits is more appropriate。Its two，As far as democratic legislation is concerned，Can add more democratic elements on the path。In recent years，In Shenzhen、Beijing、Guangzhou and other places have many local legislation to try valuable experiences，It has important reference significance to cracking the development dilemma of the current social organization，When the conditions and the timing are mature, it can be absorbed into the central legislation。This supporting legislation should further absorb the effective experience of the local legislation first to try on the issue of social organizations。Its three，In terms of legislation in accordance with the law，Pay attention to consistent with the spirit of the superior method。"Charity Law" was introduced，The upper law of the relevant legal system is very prominent with the connection between the lower law。Slightly careless，The lower method is easily increasing the obligation setting of the upper law，Set the scope of the qualification scope of the person in charge of the social organization、Setting of the qualification range of the legal representative。

　　third，consistent with the "Charity Law"，Improvement of improper limit of the qualification scope of the person in charge of social organizations。The requirements of the person in charge of general social organizations should not be more than the requirements of charity organizations，The requirements of the lower method should not be more than the requirements of the Charity Law。and Article 13 of the "Draft for Opinions" adds two restrictions in addition to the Charity Law: "(2) criminal punishment that is being deprived of political rights" " Illegal List List "。This actually sets a more stringent obligation than the superior method。Therefore，It is recommended to delete these two limits，Keep consistent with the "Charity Law"，Article 13: "There is one of the following situations，The person in charge of not allowed to be a charity organization: (1) Those who have no ability of civil behavior or restrict civil behavior; (2) punishment for intentional crimes，It has not been more than five years from the date of the execution of the penalty of the penalty;，If the organization has been revoked the registration certificate or the date of banning for less than five years; (4) Law、Other circumstances stipulated in administrative regulations。”

Fourth，consistent with the "Charity Law"，Amend the person in charge of the foundation and social service agencies、Unlimited restrictions on the scope of legal representatives。"Draft for Soliciting Opinions" makes strict restrictions on matters of the legal representative and the person in charge。This restriction lacks the basis of the superior method，Social organizations and responsible persons who will limit the public welfare cause。Therefore，It is recommended that Article 48 of the "Draft for Opinions" is recommended to: "Foundation、The legal representative of the social service agency shall be the person in charge stipulated by the articles of association。The legal representative of the Foundation shall not be the legal representative of other social organizations at the same time。"Article 49 changed to:" Foundation、The person in charge of the social service agency is elected from the directors。The person in charge of the executive agency of the social service agency may be generated by hiring。Foundation、The person in charge of the social service agency shall not be concurrently appointed by working civil servants。”

　　(This article is the State Social Science Foundation Project "Dilemma of the Legislative State of Social Organizations and Research on Social Organizations" (17BFX212) phased achievement)

(The author is a professor at the Academy of Science and Law of East China University of Political Science and Law)