Pub Date : 2016-11-22DOI: 10.1163/18765149-12341317
Jianyin Ma
This article analyzes the divergence on the legal definition of “ci-shan” (charity) and the orientation of The Charity Law of the People’s Republic of China ( CLPRC ), in the context of legislative process, in particular the stage led by the National People’s Congress since 2013. This article also discusses the achievements and the shortcomings in the discourse of CLPRC , which will have impact on the future charity legislation as the national strategy “rule of law” in full swing.This article indicates the two confusions in the basic orientation of CLPRC . First, CLPRC with the tendency toward organic law ignores the behavior law’s logic of the charity institution; Second, there is the understanding of the basic legal relationship in a reverse priority, charitable legal system carries strong inertia of public law and needs a revising process of “privatizing public law.” Consequently, some issues should be called for special attention, especially in the following three aspects: The first aspect is that the related administrative framework is not enough to support/promote this charitable ideal of philanthropy (da ci-shan); the second aspect is that this charity law does not touch upon the tax system, and it is uncertain that the new authority will be in agreement with the fundamental preference of this charity legislature in the future tax legislation; the third aspect is that the basic orientation of the charity law will continue to be discussed in the public sphere, and the organic and public law complex is still very strong in the field of charity and philanthropy in the future several years.
{"title":"Consensus and Divergences of the Legal Definition of “CI-SHAN”","authors":"Jianyin Ma","doi":"10.1163/18765149-12341317","DOIUrl":"https://doi.org/10.1163/18765149-12341317","url":null,"abstract":"This article analyzes the divergence on the legal definition of “ci-shan” (charity) and the orientation of The Charity Law of the People’s Republic of China ( CLPRC ), in the context of legislative process, in particular the stage led by the National People’s Congress since 2013. This article also discusses the achievements and the shortcomings in the discourse of CLPRC , which will have impact on the future charity legislation as the national strategy “rule of law” in full swing.This article indicates the two confusions in the basic orientation of CLPRC . First, CLPRC with the tendency toward organic law ignores the behavior law’s logic of the charity institution; Second, there is the understanding of the basic legal relationship in a reverse priority, charitable legal system carries strong inertia of public law and needs a revising process of “privatizing public law.” Consequently, some issues should be called for special attention, especially in the following three aspects: The first aspect is that the related administrative framework is not enough to support/promote this charitable ideal of philanthropy (da ci-shan); the second aspect is that this charity law does not touch upon the tax system, and it is uncertain that the new authority will be in agreement with the fundamental preference of this charity legislature in the future tax legislation; the third aspect is that the basic orientation of the charity law will continue to be discussed in the public sphere, and the organic and public law complex is still very strong in the field of charity and philanthropy in the future several years.","PeriodicalId":41661,"journal":{"name":"China Nonprofit Review","volume":"8 1","pages":"293-314"},"PeriodicalIF":1.0,"publicationDate":"2016-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18765149-12341317","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64417003","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-11-22DOI: 10.1163/18765149-12341311
Kegao Yan, O. Luo
By artificially sampling 305 Chinese foundations, the paper conducts an empirical study on how political connections influence foundations’ acquisition of resources. As it turns out, the influence of political connections on foundations’ policy resources is insignificant, and this does not change with the changes of the nature and sector of the foundation and the degree of marketization of the environment it is in. Political connections have significant influence upon donations, particularly those from domestic natural persons – this is particularly true with public-fundraising foundations, public-service foundations and areas where marketization is at a relatively low level. The influence of the extent and depth of political connections on the foundation’s acquisition of resources fails to pass the significance test. The conclusion the study arrives at implies that on the part of the government, policies should not focus on banning Party and government cadres from holding a concurrent post in a foundation, but on how to regulate their acts and prevent them from seeking private gains by taking advantage of its concurrent post of director; and that on the part of the foundation, in the current context, it can seek to establish political connections and increase its capacity of attracting donated resources.
{"title":"Can Political Connections Improve Foundation’s Acquisition of Resources?","authors":"Kegao Yan, O. Luo","doi":"10.1163/18765149-12341311","DOIUrl":"https://doi.org/10.1163/18765149-12341311","url":null,"abstract":"By artificially sampling 305 Chinese foundations, the paper conducts an empirical study on how political connections influence foundations’ acquisition of resources. As it turns out, the influence of political connections on foundations’ policy resources is insignificant, and this does not change with the changes of the nature and sector of the foundation and the degree of marketization of the environment it is in. Political connections have significant influence upon donations, particularly those from domestic natural persons – this is particularly true with public-fundraising foundations, public-service foundations and areas where marketization is at a relatively low level. The influence of the extent and depth of political connections on the foundation’s acquisition of resources fails to pass the significance test. The conclusion the study arrives at implies that on the part of the government, policies should not focus on banning Party and government cadres from holding a concurrent post in a foundation, but on how to regulate their acts and prevent them from seeking private gains by taking advantage of its concurrent post of director; and that on the part of the foundation, in the current context, it can seek to establish political connections and increase its capacity of attracting donated resources.","PeriodicalId":41661,"journal":{"name":"China Nonprofit Review","volume":"8 1","pages":"140-162"},"PeriodicalIF":1.0,"publicationDate":"2016-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18765149-12341311","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64416935","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-05-21DOI: 10.1163/18765149-12341306
Yuting Sun
Over recent years, grassroots organizations develop rapidly in China and have aroused attention of the academia. Given the lack of their legal legitimacy, how the grassroots organizations endeavor to survive and develop by leveraging relevant activity strategies is a subject worth in-depth research. This article, through a case study of a bird protection union in D City, finds that the grassroots organizations pursue substantive legitimacy via strategies targeting two aspects, namely, the entity that endows the legitimacy and the value judgment. Such strategies that arise from the interaction between the grassroots organizations and the government as well as society hold a non-negligible significance for social governance in China.
{"title":"Substantive Legitimacy: Action Strategy of Grassroots Organizations","authors":"Yuting Sun","doi":"10.1163/18765149-12341306","DOIUrl":"https://doi.org/10.1163/18765149-12341306","url":null,"abstract":"Over recent years, grassroots organizations develop rapidly in China and have aroused attention of the academia. Given the lack of their legal legitimacy, how the grassroots organizations endeavor to survive and develop by leveraging relevant activity strategies is a subject worth in-depth research. This article, through a case study of a bird protection union in D City, finds that the grassroots organizations pursue substantive legitimacy via strategies targeting two aspects, namely, the entity that endows the legitimacy and the value judgment. Such strategies that arise from the interaction between the grassroots organizations and the government as well as society hold a non-negligible significance for social governance in China.","PeriodicalId":41661,"journal":{"name":"China Nonprofit Review","volume":"8 1","pages":"67-92"},"PeriodicalIF":1.0,"publicationDate":"2016-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18765149-12341306","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64417294","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-05-21DOI: 10.1163/18765149-12341307
Meng Wang, Shijing Chu, Guosheng Deng
This research, based on a case study of Foundation A’s Ya’an post-quake relief project, combines static group-to-group comparative experiments and discussions of focus groups to discuss and analyze the effect of post-disaster school social work and its cause in the four dimensions of psychological status, health status, learning status and behavior. Comparatively speaking, the post-disaster school social work has had the most notable positive influence upon the psychological status of the students in the disaster-stricken areas and some influence on their learning and behavior. The effect of the post-disaster school social work is related to the mode, professional level, value orientation and interaction status of the intervention. In the post-disaster relief, it is necessary to carry out school social work, to improve the recruitment system for social work, provide better services, build a multi-party participation mechanism and ensure an unimpeded feedback channel, so as to improve the relief effect.
{"title":"Effect of Post-Disaster School Social Work and Its Causal Analysis","authors":"Meng Wang, Shijing Chu, Guosheng Deng","doi":"10.1163/18765149-12341307","DOIUrl":"https://doi.org/10.1163/18765149-12341307","url":null,"abstract":"This research, based on a case study of Foundation A’s Ya’an post-quake relief project, combines static group-to-group comparative experiments and discussions of focus groups to discuss and analyze the effect of post-disaster school social work and its cause in the four dimensions of psychological status, health status, learning status and behavior. Comparatively speaking, the post-disaster school social work has had the most notable positive influence upon the psychological status of the students in the disaster-stricken areas and some influence on their learning and behavior. The effect of the post-disaster school social work is related to the mode, professional level, value orientation and interaction status of the intervention. In the post-disaster relief, it is necessary to carry out school social work, to improve the recruitment system for social work, provide better services, build a multi-party participation mechanism and ensure an unimpeded feedback channel, so as to improve the relief effect.","PeriodicalId":41661,"journal":{"name":"China Nonprofit Review","volume":"8 1","pages":"93-107"},"PeriodicalIF":1.0,"publicationDate":"2016-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18765149-12341307","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64417322","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-05-21DOI: 10.1163/18765149-12341308
Xixue Wang
As the bridge between the government and the society, Chinese political social associations are faced with the problem of repositioning and system reconstruction in the period of comprehensive social transformation. In her book Between State and Society: Research on Functions of Political Social Associations in China , Prof. Chu Songyan studied the eight major people’s organizations and analyzes the legitimacy and functions of Chinese political social associations using a function-legitimacy framework. In light of the state of Chinese political social associations – their legitimacy of system is enhanced, their legitimacy of value impacted, their social legitimacy challenged, and their social functions overwhelmed by political ones, the author, considering the reality of China, national development strategies and the trends of times, proposed a path of transformation for Chinese political social associations which stresses the balanced development of their functions. The value of this book lies in its distinct definition and classification of Chinese political social associations, its comprehensive analysis of their functions, and its theory of a path for transformation which stresses the balanced development of their functions.
{"title":"Towards the Functional Equilibrium: The Choice Based on the Reality of China","authors":"Xixue Wang","doi":"10.1163/18765149-12341308","DOIUrl":"https://doi.org/10.1163/18765149-12341308","url":null,"abstract":"As the bridge between the government and the society, Chinese political social associations are faced with the problem of repositioning and system reconstruction in the period of comprehensive social transformation. In her book Between State and Society: Research on Functions of Political Social Associations in China , Prof. Chu Songyan studied the eight major people’s organizations and analyzes the legitimacy and functions of Chinese political social associations using a function-legitimacy framework. In light of the state of Chinese political social associations – their legitimacy of system is enhanced, their legitimacy of value impacted, their social legitimacy challenged, and their social functions overwhelmed by political ones, the author, considering the reality of China, national development strategies and the trends of times, proposed a path of transformation for Chinese political social associations which stresses the balanced development of their functions. The value of this book lies in its distinct definition and classification of Chinese political social associations, its comprehensive analysis of their functions, and its theory of a path for transformation which stresses the balanced development of their functions.","PeriodicalId":41661,"journal":{"name":"China Nonprofit Review","volume":"8 1","pages":"109-122"},"PeriodicalIF":1.0,"publicationDate":"2016-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18765149-12341308","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64417329","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-05-21DOI: 10.1163/18765149-12341303
Changjuan Geng, Lucas Meijs
Liberal scholars attribute an essential role to nonprofit organizations ( NPO s) in the process of democratization, due to their roles in raising public awareness and supervising the hegemony of the state. Nevertheless, the current literature has yet to pay sufficient attention to the ways in which governments respond to the dynamics of power. As argued in public rational choice theory , the government is a self-benefit maximizing bureaucrat that spares no effort to adopt various strategies aimed at keeping society under control. We have studied this postulation by comparing the two contrasting civil societies of China and the Netherlands. Results from our investigation of campaigning NPO s from China and the Netherlands confirm that states tend to apply a range of strategies (e.g., political restrictions and financial instruments) in order to assimilate NPO s into the developmental planning of the government (e.g., by stimulating the economic functions of NPO s while weakening their democratic functions in intangible ways).
{"title":"The Democratic Implications of npos and the Control Strategy of the State","authors":"Changjuan Geng, Lucas Meijs","doi":"10.1163/18765149-12341303","DOIUrl":"https://doi.org/10.1163/18765149-12341303","url":null,"abstract":"Liberal scholars attribute an essential role to nonprofit organizations ( NPO s) in the process of democratization, due to their roles in raising public awareness and supervising the hegemony of the state. Nevertheless, the current literature has yet to pay sufficient attention to the ways in which governments respond to the dynamics of power. As argued in public rational choice theory , the government is a self-benefit maximizing bureaucrat that spares no effort to adopt various strategies aimed at keeping society under control. We have studied this postulation by comparing the two contrasting civil societies of China and the Netherlands. Results from our investigation of campaigning NPO s from China and the Netherlands confirm that states tend to apply a range of strategies (e.g., political restrictions and financial instruments) in order to assimilate NPO s into the developmental planning of the government (e.g., by stimulating the economic functions of NPO s while weakening their democratic functions in intangible ways).","PeriodicalId":41661,"journal":{"name":"China Nonprofit Review","volume":"8 1","pages":"3-26"},"PeriodicalIF":1.0,"publicationDate":"2016-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18765149-12341303","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64417255","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-05-21DOI: 10.1163/18765149-12341305
Shuang Lu, Juan A. Rios, Chienchung Huang
Over the past decade, philanthropic giving in China has entered a new era. A series of natural disasters triggered an upsurge in public giving; the changing social environment transformed individuals’ pattern of giving behavior. By discussing the influence of three major traditional Chinese philosophies (i.e. Confucianism, Buddhism, and Taoism) on philanthropy, this paper argues that China’s philanthropy is not a reflex behavior after acute calamity, but an intrinsic intention within humanity. This paper also highlights that being aware of this intention of giving allows donors to not only simply share their resources, but also mindfully facilitate civic engagement. This mindful sharing process, therefore, builds a social culture that collectively empowers vulnerable populations, which is the purpose of philanthropic giving. The paper concludes that mindful sharing emphasizes the intention of giving, fosters a sustainable culture of giving, and achieves an ideal state of collective empowerment.
{"title":"Mindfully Sharing Capital in Modern China","authors":"Shuang Lu, Juan A. Rios, Chienchung Huang","doi":"10.1163/18765149-12341305","DOIUrl":"https://doi.org/10.1163/18765149-12341305","url":null,"abstract":"Over the past decade, philanthropic giving in China has entered a new era. A series of natural disasters triggered an upsurge in public giving; the changing social environment transformed individuals’ pattern of giving behavior. By discussing the influence of three major traditional Chinese philosophies (i.e. Confucianism, Buddhism, and Taoism) on philanthropy, this paper argues that China’s philanthropy is not a reflex behavior after acute calamity, but an intrinsic intention within humanity. This paper also highlights that being aware of this intention of giving allows donors to not only simply share their resources, but also mindfully facilitate civic engagement. This mindful sharing process, therefore, builds a social culture that collectively empowers vulnerable populations, which is the purpose of philanthropic giving. The paper concludes that mindful sharing emphasizes the intention of giving, fosters a sustainable culture of giving, and achieves an ideal state of collective empowerment.","PeriodicalId":41661,"journal":{"name":"China Nonprofit Review","volume":"8 1","pages":"52-65"},"PeriodicalIF":1.0,"publicationDate":"2016-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18765149-12341305","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64417277","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-05-21DOI: 10.1163/18765149-12341309
Yuxin Lan, Lingyi Zhou
{"title":"The Role and Talent Development Strategy of Tsinghua University’s Institute for Philanthropy","authors":"Yuxin Lan, Lingyi Zhou","doi":"10.1163/18765149-12341309","DOIUrl":"https://doi.org/10.1163/18765149-12341309","url":null,"abstract":"","PeriodicalId":41661,"journal":{"name":"China Nonprofit Review","volume":"8 1","pages":"123-136"},"PeriodicalIF":1.0,"publicationDate":"2016-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18765149-12341309","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64417358","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2015-11-20DOI: 10.1163/18765149-12341293
H. Snape
{"title":"Beyond Contestation: Chinese Grassroots ngos and the Role of the “Quiet Approach” and Incrementalism in Evolving State-Society Relations in China","authors":"H. Snape","doi":"10.1163/18765149-12341293","DOIUrl":"https://doi.org/10.1163/18765149-12341293","url":null,"abstract":"","PeriodicalId":41661,"journal":{"name":"China Nonprofit Review","volume":"7 1","pages":"215-246"},"PeriodicalIF":1.0,"publicationDate":"2015-11-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18765149-12341293","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64417103","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2015-11-20DOI: 10.1163/18765149-12341296
Yingjian Wang
With the emergence of various social problems, people are paying increasing attention to solving social problems by commercial means. The concept of “social finance” came into being under such circumstances, and it has been developing rapidly in China. This paper will introduce the category and connotation of social finance and analyze in detail the significance of social finance to China’s development, challenges facing China’s social finance and its development trend in recent years so as to clarify the development path of social finance in China.
{"title":"Development of Social Finance in China","authors":"Yingjian Wang","doi":"10.1163/18765149-12341296","DOIUrl":"https://doi.org/10.1163/18765149-12341296","url":null,"abstract":"With the emergence of various social problems, people are paying increasing attention to solving social problems by commercial means. The concept of “social finance” came into being under such circumstances, and it has been developing rapidly in China. This paper will introduce the category and connotation of social finance and analyze in detail the significance of social finance to China’s development, challenges facing China’s social finance and its development trend in recent years so as to clarify the development path of social finance in China.","PeriodicalId":41661,"journal":{"name":"China Nonprofit Review","volume":"7 1","pages":"290-320"},"PeriodicalIF":1.0,"publicationDate":"2015-11-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18765149-12341296","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64417202","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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