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Freedom of Association in China and Europe: Comparative Perspectives in Law and Practice [Hardback]

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  • Format: Hardback, 448 pages, weight: 979 g
  • Pub. Date: 11-Oct-2005
  • Publisher: Martinus Nijhoff
  • ISBN-10: 900414840X
  • ISBN-13: 9789004148406
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  • Format: Hardback, 448 pages, weight: 979 g
  • Pub. Date: 11-Oct-2005
  • Publisher: Martinus Nijhoff
  • ISBN-10: 900414840X
  • ISBN-13: 9789004148406
Other books in subject:
Understanding and exercising the right to freedom of association, in a modern sense, is a relatively new phenomenon in China. The reform of old social organizations and the emergence of new, privately-initiated, non-profit organizations only began to occur in the 1980s, and such organizations continued to expand throughout the 1990s. Within a short period these new organizations have become a vibrant force in Chinese society.

This unique volume the first book in English to offer systematic and critical research in this field - is the outcome of a three-year research project on the Legal Aspects of Social Organisations in China. The main aim of the project was to encourage Chinese researchers to deepen their knowledge and understanding of the current status of social organizations in China, and to allow them to explore possible ways of creating a friendly legal environment conducive to the exercise of the right to freedom of association. The book contains some of the best results of the Chinese researchers work and papers presented by European experts at two international seminars, organized jointly by the Institute of Law of Chinese Academy of Social Sciences and Law Faculty of Utrecht University, The Netherlands. The contributions of the European experts explore different systems of regulation that have developed, and which are accommodated within the legal framework and traditions of each particular country.

The aim of the volume is to stimulate international understanding of the progress made by China and the dilemmas it still faces with respect to its emerging new civil society organizations.
Foreword vii
Preface ix
Acknowledgements xi
List of Contributors
xiii
List of Abbreviations
xix
General Introduction to the Book 1(14)
Yuwen Li
Part I -- Chinese Perspectives
15(234)
A Critical Examination of the Legal Environment for Social Organisations in China
17(54)
Yuwen Li
Government Administration of Social Organisations: Its Model and Effects
71(32)
Wu Yuzhang
The Dilemma of Legitimacy Facing China's Civil Society Organisations
103(48)
Xie Haiding
Approval and Non-interference in the Management of Social Organisations: An Examination of Theory and Practice
151(38)
Liu Peifeng
Research on China's Civic Environmental Protection Organisations
189(30)
Chen Xinxin
Legislation on Foundations in China: Historical Development, Present State and Main Characteristics
219(30)
Mo Jihong
Part II -- European Perspectives
249(104)
Civil Society and the Non-profit Sector in the Netherlands
251(32)
Paul Dekker
Law and Associational Life in Britain
283(26)
Richard Fries
Associations and Foundations in Germany: Service Providers or Agents of Civil Society?
309(16)
Rupert Graf Strachwitz
The Legal Implementation of Freedom of Association in the Netherlands and Other Western European Countries
325(28)
Tymen J. van der Ploeg
Concluding Observations
353(8)
Yuwen Li
Appendices
361(74)
I Regulations for Registration and Management of Social Organizations
363(10)
II Provisional Regulations for the Registration and Management of Popular Non-Enterprise Work Units
373(8)
III Regulations for the Management of Foundations
381(12)
IV A Model of Simple Questionnaire on Development and Problems of Social Organizations in China
393(10)
V Relevant Articles of the Dutch Civil Code
403(32)
Selected Bibliography 435(12)
Index 447