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Analysis on the Effect of China’s Overseas ngo Law under the Differences in Legal Thinking

Analysis on the Effect of China’s Overseas ngo Law under the Differences in Legal Thinking The Law on the Management of Overseas NGOs’ Activities in Mainland China has come into effect on January 1, 2017. Ever since its second draft was unveiled to the public and then the final draft was adopted, Chinese and international civil society organizations have expressed their concerns and criticisms, far beyond the expectation of the Chinese government that intends to regulate illegal activities and protect legitimate rights with this law. This paper argues that the unexpected responses are provoked not only by the political purpose behind the adoption of this law – to safeguard national security – but also by the different interpretations of the law due to the differences in legal thinking. Beginning with an analysis of the law’s text, this paper continues to look at the regulatory framework and what has provoked the unexpected responses from the public, examines the differences in legal thinking – an underlying issue in this regard, and proposes that to ensure the effective enforcement of the law efforts should be made in three aspects, i.e. making clarification, establishing standard procedures, and protecting rights, to settle the idea differences between the legislature and the overseas civil society. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The China Nonprofit Review Brill

Analysis on the Effect of China’s Overseas ngo Law under the Differences in Legal Thinking

Jia, Xijin
The China Nonprofit Review , Volume 9 (1): 21 – Jun 21, 2017
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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1876-5092
eISSN
1876-5149
DOI
10.1163/18765149-12341321
Publisher site
See Article on Publisher Site

Abstract

The Law on the Management of Overseas NGOs’ Activities in Mainland China has come into effect on January 1, 2017. Ever since its second draft was unveiled to the public and then the final draft was adopted, Chinese and international civil society organizations have expressed their concerns and criticisms, far beyond the expectation of the Chinese government that intends to regulate illegal activities and protect legitimate rights with this law. This paper argues that the unexpected responses are provoked not only by the political purpose behind the adoption of this law – to safeguard national security – but also by the different interpretations of the law due to the differences in legal thinking. Beginning with an analysis of the law’s text, this paper continues to look at the regulatory framework and what has provoked the unexpected responses from the public, examines the differences in legal thinking – an underlying issue in this regard, and proposes that to ensure the effective enforcement of the law efforts should be made in three aspects, i.e. making clarification, establishing standard procedures, and protecting rights, to settle the idea differences between the legislature and the overseas civil society.

Journal

The China Nonprofit Review – Brill

Published: Jun 21, 2017

References

  • “Will China Close Its Doors?”
    Belkin
  • “Undue burdens”
  • “Emergence of Social Groups and Their Legitimacy”
    Gao
  • “Is China’s New Overseas NGO Management Law Sounding the Death Knell for Civil Society? Maybe Not”
    Hsu
  • “Aid Barriers and the Rise of Philanthropic Protectionism”
    Rutzen
  • “U.S. Business, Professional Groups Sign Letter Opposing Draft China ngo Law”
    Wong
  • “Seven questions about the second draft of the Overseas NGO Law”
    Zi