凡高油画,方一冰,处方
Abstract摘要
中国的非营利组织在提供政府限制的服务方面发挥着非常重要的作用。“分级登记”、“双重管理”和竞业禁止规则制约了其发展。一些非营利组织寻求注册为营利性企业，其他选择作为私人和未注册组织生活。随着人们越来越认识到这一领域的重要性，以及奥运会和四川地震的推动，政府在各个层面上采取了“不接触、不承认、不禁止”的态度。改善非营利组织的内部治理是另一种解决筹资问题、职责不明确和人员缺乏的方式。AIESEC的案例展示了一个独立的实体如何在其工作、可持续性或决策中赢得自治权。与我国高校大多数以团委为首的挂靠型非营利组织相比。可以预见，准政府间的广泛合作、宽松的约束、管制政策的转变、协助非营利组织的内部治理，将为非营利组织的进一步发展奠定坚实的基础，也有利于我国经济的发展。从长远来看，社会发展。
China’s Non-profit Organizations (NPO) play a very critical role in providing the services where government limits. The “graded registration”, “dual management”, and the non-competition rule restrict its developing. Some NPOs seeks to registered as a for profit enterprise, other choose to living as private and unregistered organizations. The increasing awareness of rising importance of this sector and the push of the Olympic Games and the Sichuang Earthquake made the government adopted a so called “no contact, no recognition, and no prohibiting” attitude on every level. improving the NPO’s internal governance is another way to deal with the problem of fund-raising, unclear responsibilities, and staff lacking. The case of AIESEC shows how an independent entity wins the autonomous in its work, sustainability or decisions. Comparing to Most of the non-profit organizations in Chinese university who are of affiliation-type and lead by the Youth League Committees. It can be predicted the widely cooperation in the quasi-governmental, the loosen restriction, the change of regulation policy, and the assisting in NPO’s internal governance would set a solid foundation for the further development of non-profit organizations and also benefit china’s economic and social development in the long run.
1.Introduction引言
教育、文化修养、扶贫是非营利组织发挥重要作用的传统领域，在公共服务落后、企业不感兴趣的社会服务中也做出了良好的贡献。北京奥运会、四川大地震、非营利性组织的发展都取得了巨大的推动作用，不仅使社会保障领域更加丰富，而且使社会保障领域更加多元化。ELF的自由、领导能力等，也增加了其结构模式，不仅可以分为SOS、CNIS、基金和民营非营利组织。SOS是指中国公民自愿组成的组织，其目的是根据中国公民的身份开展非营利活动，实现共同目的。中国互联网络是指利用非国有资产，由企业、事业单位、社会团体、其他社会力量或者公民个人经营，开展公益性社会服务活动的社会实体。基金会是指利用自然人、法人或者其他组织捐赠的资产从事公益事业的非营利法人。
Education, culture cultivation, anti-poverty are the traditional area where Nonprofit Organization plays a important role ,it also make sound contribution in fulfilling the social services where public services left behind and the businesses felt uninterested .with the rapid economic development ,the increasing demands ,China’s landmark reform and several standout achievement gained in Peking Olympic Games ，the Sichuan Earthquake, the development of Nonprofit Organization gets a lot of pushing .thus it becomes more diversity, not only the fields it plays gets enrich to social security ,self-freedom, leadership and so on, but also the model of its structure increased ,can not only be divided into SOs, CNIs, Funds and private Nonprofit Organization. SOs are defined as organizations voluntarily formed by Chinese citizens in order to realize a common intention by developing nonprofit activities in accordance with their statues. CNIs are defined as social entities carrying out social service activities of a nonprofit nature, which are run by enterprises, institutional work units, social organizations, other social forces, or individual citizens using non-state assets. While the foundation refers as nonprofit legal persons, which utilize assets donated by natural or legal persons or other organizations to pursue a public benefit purpose.
In western countries, NPOs are defined as organizations that have five characteristics: “formal”, “nongovernmental”, “nonprofit,” “self-governing” and “voluntary”. The “formal”, carefully describe the necessities for the government to carry out regulations, laws and give them legal status. “nongovernmental” highlights the dependence of its entity. While “nonprofit,” “self-governing” and “voluntary” mostly emphasizes the difficulty of a Nonprofit Organization may face to make their goals achieved without profit contribution, manage a great number of volunteers instead of paid staff. The legal definition first came in the “Accounting System of Nonprofit organizations” which was promulgated by the Ministry of Finance in 2004. The NPO system include three types, social organizations, civil non-business institutions and foundations. The regulations provide three vital characteristics of NPOs, not for profit purposes, “resource providers” making investments are not allowed to receive an economic return, “resource providers” do not enjoy ownership of NPOs. In fact, Chinese literature explains the essence of “nonprofit” to be the “nonprofit distribution” rather than prohibiting NPOs from “making money”.
to some extent, the college students constitute the majority of those volunteer and provide most services in the Nonprofit Organization. It is been found 59.7% of the college students took part in the college associations, according to the survey conducted by the National Communist Youth League Committee and China Youth & Children Research Center in 2005. It equals every one student joins in 1.8 student associations. According to the most up-to-date statistics, by January 2008, there are 3506 student associations in universities located in Beijing and 27900 registered student members.
Since there is little difference between the governance of Nonprofit Organization in Chinese University and other Nonprofit Organizations, this paper explores the overall regulations on the same sector while giving a detail study of AIESEC .
Similar to their Western counterparts, China’s NPOs grew to fill a function that is left blank by the government as well as the businesses. For a long time, China’s NPOs struggled to expand their activity domain in spite of the lacking of legal status or legal personality. The relaxed governmental control in certain areas coupled with the bottom up efforts drove the progress of China’s NPO development. Although no definition of NPOs in China has been reached in the academic area or in the regulations of different period, civil organizations, social organizations, non-governmental, not-for-profit, NPOs, NGOs can be seen at the same time. Most of those organizations share the same idea of not for profit. In order to get a main idea of the governance and its changing, it is better to examining its history of developing.
2. The History of Nonprofit Organization in China
After the people’s republic of China has been established in 1949, the Chinese NPO suffered depression and slowed down gradually because of the tight control. The government investigated thoroughly the civil organizations, and got rid of the majority of charity organizations, associations, and religion organizations. Only a small number of those survived on the basis of eager to follow the guidance of the Chinese Communist party and obey to the NPO registration & management system. in 1950, Chinese Administrative Council drafted a regulation code called Temporary Registration and Management Rules for the Social Organizations. The activity domain has been strictly restricted and lots of administrative guidance lied on them. The statistics shows that between 1950 and 1965, there were only 100 nationwide social units, and 6000 local social organizations. due to the enacted of “the management rules for the city neighborhood councils” in 1954, The neighborhood council developed. But most of the big social organizations were became one department of the government, their staff got paid by the government, their task were assigned by the government. Although the neighborhood councils were defined as autonomous neighborhood organizations, in fact, the activities of these neighborhood councils have to follow the directions set by the Chinese Communist Party. Unsimilar to their western counterparts, China’s NPOs hardly reached a status known as “the third government”, nor did they in a position to promotion activities of their free choice. The social organizations literally disappeared.
In 1966 ,the Chinese Revolution has been started, the freedom of independent research and artisan creation got smaller .according to the statistics published in China statistics Yearbook,2007 ,the total number of social organizations declined from 6,100 to 0 in 3 years. Lacking of activities and functions made the social organizations non autonomous at all. They received directions from government, delivered and communicated the directions from government, and almost become the administrative organizations in the government. |
