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I Backgrounds:

Many different interests groups are growing up in the process of the more 20 years’ reforms for Chinese economy system. There are happening great changes in the structures of society and interests. Some NGO are playing an important role in the expression and protection of group interests and those organizations are called as “the third section” besides the market and government sections. However, if we explain the function of NGO from the construction of civilian society, we will face double challenges of theory and practice. In any case, NGO are growing up, and they will play a more and more important role in society because of their advantages in independence and specialty.

 

In china, it lacks efficient mechanisms for resolving the new contraventions and conflicts in the process of the transformation of society. Disputes in some fields such as human rights, environments, medical cares etc sometimes reflect many problems of system. Some disputes might be the result of the faultiness of systems, even the conflict among systems. The process that some representative disputes are found, discussed and even are resolved through judicial procedure, is not only the problem-resolving process, but also the process of spreading ideas of “rule of law” and pushing reforms and transformations concerning legal system.

 

On February 3, 2005, Dong Jian brought a lawsuit against “Health Ministry” in the Beijing First Intermediate People’s Court, claiming that the activity that Health Ministry did not make any formal respondence to his request for establishing a folk organization “Love Your Eyes Association” in a prescribed time, should be regarded as “administrative nonfeasance” and that the Health Ministry should make a formal answer.

 

Nowadays, Chinese legislature is making and amending those relating laws. However, what role do NGO play in the society? What are the values of making law for NGO? What actions should we take to safeguard the good development of NGO in legislation and judicatory?

This meeting will be around some individual cases and at the same time the above questions will be deeply discussed.

 

II DateJune 8, 2006

PlaceMeeting Hall, Law School of China Finance and Economics and College

 

III Attendees

Zhang si zhi: China famous lawyer, the founder of Magazine “Chinese Lawyer”

Jia wu guang: President, Law Assistance Center of Judicial Ministry

Li Hong: Vice-Secretary General, All Chinese Lawyers Association

Wang guo hua:  Vice-President, Central University of Finance and Economics

Gan gong ren: President, Law School of Central University of Finance and Economics

Liu Shen: Professor, China University of Political Science and Law; Permanent Director, Administrative Law Study Committee of China Law Association

Mo ji hong: Researcher, Law Study Bureau of Chinese Academy of Social Sciences; Vice-Secretary General, Constitution Study Committee of China Law Association

Yang jian shun: Professor, China People’s University; Vice-President, Constitution and Administrative Law Study Center

He bing: Vice-Professor, China University of Political Science and Law; Vice-President, Administrative Law Study Bureau

Wu Ge: President, Special Committee on Constitution and Human Rights of All Chinese Lawyers Association

Wang zhen yu: Secretary General, Committee of Beijing Impact Firm

Xia lin: President, Beijing Impact Firm

Yu yong hua: Lawyer, Beijing Impact Firm

Li Juan: Lawyer, Beijing Impact Firm

 

Holder

Li Xuan: Secretary General, Special Committee on Constitution and Human Rights of All Chinese Lawyers Association ; Vice-President, Law School of Central University of Finance and Economics

 

IV Contents

Li Gang: The remedy for the public’s right of organizing corporations might appeal to judicial procedure.

He introduced the significance and backgrounds of cases and the relating legal issues.

Liu Shen: We may claim citizen’s rights via the resolution of individual cases, but do not change legal issues into political issues.

The legal analysis on the case “Dong jian’ s lawsuit against Health Ministry for its administrative nonfeasance”: the examination and approval of Health Ministry should belong to the categories of administrative permits, and court accepting this case broken the limits on the categories of accepting cases. It is an advancement to accept material administrative nonfeasance concerning body’s rights and property. It had better not associate this issue with the freedom of organizing corporations. Otherwise, it will deal with political factors and bring bad influence on this case. We can promote placidly the advancement of society through commonweal litigation.

 

Yang jian shun: Litigation can only resolve the problem concerning the procedure for applying the establishment of “Love Your Eyes Association”, not the problem about its establishment.

This case pushes the executive department to fulfill its responsibilities. Legislature should make full provisions about the establishment, existence, appraisal and supervision of NGO. Legislation proposals: legislature should consummate the relating laws concerning NGO after investigating fully the conditions of the existing NGO to make the benefits of various organizations be expressed in the legislature level; and executive government should transform its functions to consummate the supervision system.

 

He Bing: it had not been examined and approved to establish NGO and organize the corporations.

The supervision emphasis on the establishment of NGO should be put on the regulation of its registration. The procedure of examination and approval should not be taken to limit its development.

 

Wu Ge: NGO can attain a quicker development only if they take part in regulating society as a non-political power.

If we stick to the “non-political participance” of NGO and make them become a power to promote the harmony and order of society, the supervision on the establishment of NGO must become loose.

 

Mo ji hong: The freedom of organizing corporations is a basic human right

We should make the principle about the freedom of organizing corporations become the protection for systems. The freedom of organizing corporations is a basic human right. From the histories and experiences of the other countries, it needs full systems to protect and supervise this freedom. This case can promote the study on the freedom of organizing corporations both from the theory and practice.

 

VI Social Impact

The result of searching the reprints of this meeting by “Google” is 166,00 items.

 

1,Important Reports

“Watch East Weekly”: “The establishment of “Love Your Eyes Association” failed; Citizen Dong jian bringing lawsuit against Administrative Nonfeasance”

The result of searching the topic of this article is 3,010 items.

 

“Finance” Magazine General 170 terms , October 16, 2006: “lawsuit about “Love Your Eyes Association”

The result of searching the topic of this article is 59,100 items.

 

2,Important Comment

Peking University Public Law Net, October 25, 2006: Freedom of organizing corporations and Harmonious society --- comment on the failure of the application for establishing “Love Your Eyes Association”

The result of searching the topic of this article is 6 items.

3,Other Reports

“Law Current Affairs” October 10, 2006: Initiator of “Love Your Eyes Association” bringing lawsuit against Health Ministry for administrative nonfeasance.

“China News Weekly” October 18, 2006: hard lawsuit of “citizen” Dong Jian.

 
   
 

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