중국 사회단체에 대한 통제 및 사회단체제도 규제완화 동향: 사회단체조례등기법(社會團體條例登記法)을 중심으로

Abstract

This article aims to examine the vulnerabilities of China's social organizations, with placing emphasis on the problems with the rules and regulations that govern them. Also, in relation to that, the article proposes ways to overcome the vulnerabilities. Civil social organizations are the cornerstone to constructing a healthy civil society and is often considered as the key component behind the drive for political democratization. Therefore, China's social organizations may well take up a large portion of discussion on the democratization of China. Since the construction of the 'New China', the Chinese government has emphasized the importance of stability and maintenance of the political regime; and has restricted 'the freedom of association' in order to prevent political instability and inefficiency in decision making. China's legal system reflects the Chinese government's negative view on the freedom of association, which has proved to be an obstacle to the establishment and operation of social organizations. The article is composed of five parts. After the Introduction, the second chapter divides the period since the construction of the 'New China' into three dates. Then, for each divided period, the chapter identifies the changing attitude of the Chinese government toward social organizations and the main mechanisms the government has exploited in controlling social organizations. Also, the second chapter investigates why the Chinese government has been attempting quantitative expansion of social organizations on the one hand, while strengthening restrictions on them on the other. The third chapter examines the problems embedded in the Chinese laws regulating social organizations, centering on Management of the Registration of Social Organizations. The fourth chapter proposes ways to overcome these problems. In addition, it analyses the motivation behind the Chinese government's current efforts of easing regulations. Lastly, the fifth chapter summarizes the results of the research. The main findings of the article are as follows. The Chinese government regulates social organizations by employing dual monitoring system, imposing restrictions in establishment of similar organizations, and allowing arbitrary administrative acts of governmental offices. However, due to the increasing awareness of downside risks associated with excessive restrictions on social organizations, the Chinese government have been experimenting with easing regulations at regional levels. Furthermore, in solving social issues, the government has been actively utilizing social organizations that it previously regarded as political malaise. These facts indicate the possibility that social organizations may exercise further freedom to manoeuvre in the future. However, the Chinese government still worries that social organizations are susceptible for political mobilization. Given the fact that the problems of social organizations has not yet been sufficiently discussed in China, much time and effort will be required for China's social organizations to act as a cornerstone for bringing about democratization in China.