Out From the Gray Zone and Into the System of Legal Governance: The Law on Domestic Activities of Overseas NGOs in China
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Foreign non-governmental organizations(FNGOs) have contributed to China’s socioeconomic development and engagement with the rest of the world since the country’s adoption of reform policy in the late 1970s. Despite the rise in their number and influence, the central government did not introduce any national-level laws for FNGOs for nearly 40 years. Instead, it relied on sporadic regulations and the informal “Three Noes” approach of “no recognition, no banning, and no contact.” The Xi Jinping administration, however, filled this legal void in 2016 through the enactment of the Law on Domestic Activities of Overseas NGOs. This study addresses this significant event and its potential impact on FNGOs by comparing the contents of the new law with those under the previous policies and by examining the broad political context that informed its enactment. The analysis suggests that the central government views FNGOs as targets for top-down management and supervision rather than as partners in governance and adopted the law as a tool for corporatist control of FNGOs. Although the new law grants legal status and legitimacy to FNGOs, it is likely to constrict their operational space to officially sanctioned areas under an increasingly unified management system of the public security apparatus of Chinese party-state, thereby generating homogeneity within the FNGO ecosystem.
Abstract
Foreign non-governmental organizations(FNGOs) have contributed to China’s socioeconomic development and engagement with the rest of the world since the country’s adoption of reform policy in the late 1970s. Despite the rise in their number and influence, the central government did not introduce any national-level laws for FNGOs for nearly 40 years. Instead, it relied on sporadic regulations and the informal “Three Noes” approach of “no recognition, no banning, and no contact.” The Xi Jinping administration, however, filled this legal void in 2016 through the enactment of the Law on Domestic Activities of Overseas NGOs. This study addresses this significant event and its potential impact on FNGOs by comparing the contents of the new law with those under the previous policies and by examining the broad political context that informed its enactment. The analysis suggests that the central government views FNGOs as targets for top-down management and supervision rather than as partners in governance and adopted the law as a tool for corporatist control of FNGOs. Although the new law grants legal status and legitimacy to FNGOs, it is likely to constrict their operational space to officially sanctioned areas under an increasingly unified management system of the public security apparatus of Chinese party-state, thereby generating homogeneity within the FNGO ecosystem.
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