Skip to main content

Foundation for Law and International Affairs Comments on the Charity Law of the PRC (Draft)




This post introduces a set of comments on the Charity Law of the PRC (Draft) I have prepared together with the Foundation for Law and International Affairs

The comments can be accessed here:



As those who have been following the vicissitudes of China's civil society sector will know, a Draft Charity Law was submitted to the National People's Congress at the end of October, and released for public comment.

During the time I spent in Hong Kong, I was fortunate enough to have had an opportunity to more closely observe the chances as well as the hurdles Chinese civil society organizations face every day. 

Earlier, I have stated how the decision to establish Party groups in Chinese and foreign civil society organizations is a much needed move to once and for all set straight the relationship between civil society organizations, and the local leadership. Knowing and addressing the needs and demands of all stakeholders is essential to ensure a smooth management and implementation of cooperation projects. The Foreign NGOs Management Law marked a phase where foreign donor agencies and NGOs may have wanted to pause and ask themselves whether, in trying to help address the needs of Chinese society, they were speaking a language compatible with the language spoken by Chinese stakeholders.

The Charity Law (Draft) signals our ingress in a different and much brighter phase, one in which we will witness a renewed emphasis on the role charities can play in social governance. After a 10 years gestation, the Charity Law will encourage a greater transparency and accountability of foreign as well as domestic NGOs. The focus on these two fundamental values will improve the contribution of China and foreign's civil society sector to good governance. The Draft law addresses these and other themes, yet other possibilities deserve a closer consideration. 

Preventing corruption and money laundering, defining a clearer role for foreign NGOs, tapping Chinese NGOs potential to promote global good governance are some of the areas that deserve further attention. These and other areas are explored in the Foundation for Law and International Affairs comments on the Charity Law. I hope the comments will be useful to the National People's Congress, the Ministry of Civil Affairs, domestic and international donors and practitioners, as well as the academic community. 


The Foundation for Law and International Affairs is an independent, nonpartisan, nonprofit organization mandated to promote academic and public discourse at the intersection of law and international affairs. The core vision of FLIA is to promote international cooperation and public dialogue through the development of new ideas and collaboration with various academic, governmental and civil actors. The mission of FLIA is to facilitate international scholarly activities, conduct high quality, independent research and policy analysis, engage in public education and awareness-building programs, as well as amplify the voice of the rising generation. 



A heartfelt thank you goes to the China Law Translate community, for an excellent translation of the Draft Charity Law. 

Comments

Popular posts from this blog

Internship Opportunities at the Foundation for Law and International Affairs

I am delighted to share a call for internship issued by the Foundation for Law and International Affairs, an organization I am a proud member of.



FLIA Internship Opportunity

We are looking for interns from all over the world.

Who we are and what we do
FLIA is an independent nonprofit organization established in Washington, DC in 2015. As an educational and consultative think tank, FLIA is devoted to promoting global communication, cooperation, and education in the field of law and international affairs. The areas on which FLIA focuses include comparative law and culture, international crime and judicial assistance, courts and tribunals, social responsibility and sustainable development, global economics and world trade, international relations and multilateral diplomacy, global security and governance, and human rights. FLIA conducts various programs such as FLIA Conference, FLIA Dialogue, FLIA Insight, FLIA Youth, FLIA Publication, and FLIA Blog. 
Why be a FLIA intern
If you are seeking to…

A Short Response to a Reader

This post provides a short and simple response to a question I received about my short essay "民法的一般原则、党组以及“一带一路”  (available here for those who may like to read it in Chinese, and here for those who may like to read it in English). The question was received on the "法律与国际事务学会" Wechat group, following the circulation of this short essay on Chinese-language internet groups and websites. 

I am publishing my short and simple reply here because the question may be of interest to persons other than the reader who asked it (and whom shall remain anonymous). Also, my essay was written for the sole purpose of academic research and communication therefore, there is no reason why I should provide my answer within the 'four walls' of a social media group.
Question: In your commentary, you wrote “in 1957, Liu Shaoqi suggested to use the words ‘militant bastions’ in article 19 of the Constitution of the CPC to refer to the function of primary organizations, rather than to their …

Short Essay: 民法的一般原则、党组以及“一带一路”

The following short essay was produced as part of a series of commentaries on the General Provisions of Civil Law authored for the Chinese and Western public. It examines how the General Provisions of Civil Law can contribute to the construction of a transnational rule of law framework for the Belt and Road Initiative. In the essay, I discuss the General Provisions of Civil Law in relation to the legal status of Party groups in SOEs, private enterprises, and social organizations (including NGOs and Foundations) operating in China and in Western countries. My most heartfelt thanks go to Luo Qiyue and Huang Linlin, for their outstanding translation of my essay. 




民法的一般原则、党组以及“一带一路” 作者:Flora Sapio1

自党的十八大以来,国家采取了数个措施来增强党在国有企业、私有企业和社会组织中的权威。2013年《中央党内法规制定工作五年规划纲要(2013—2017年)》第二条要求规范和完善党组工作制度,并且制定有关党组工作的党内法规。2014年党的十八届三中全会亦提出要加强建设以提供服务,学习及创新为导向的党组。
为了应对经济发展所提出的一系列全新需求,强化党组是必不可少的。这些新的需求包括加强对公司的内部审计、监督公司高层以及员工行为的合法性、寻找多种途径解决劳动纠纷以及更好地向公众提供公共服务等。
为了使得党组在上述及其他领域发挥根本性作用,党的十八届中央委员会创建了一个法律框架来规范党组构成及其活动。…