China’s new Charity Law represents the culmination of over a decade of planning for the appropriate development of the productive forces of the charity sector in aid of socialist modernization. Together with the related Foreign ngo Management Law, it represents an important advance in the organization of the civil society sector within emerging structures of Socialist Rule of Law principles. While both Charity and Foreign ngo Management Laws could profitably be considered as parts of a whole, each merits discussion for its own unique contribution to national development. Moreover, while analysis tends to focus on legal conformity of the Charity Law to the state constitution, little work has been done to analyze the relationship of the Charity Law to the political constitution of China. This essay seeks to fill that gap by considering the role of the Charity Law through the lens of the Constitution of the Communist Party of China. More specifically, the essay examines the extent to which the provisions of the Charity Law, and its underlying policies, contribute to the implementation and realization of the Chinese Communist Party (ccp) Basic Line and in the context of the overall political policy of “socialist modernization which has served as the core of the political line of the ccp since the last decades of the 20th century. The essay is organized as follows: Section ii considers the specific provisions of the Charity Law, with some reference to changes between the first draft and the final version of the Charity Law. Section iii then considers some of the more theoretical considerations that suggest a framework for understanding the great contribution of the Charity Law as well as the challenges that remain for the development of the productive forces of the civil society sector at this historical stage of China’s development.
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《中华人民共和国慈善法》 (Charity Law of the People’s Republic of China)enacted March 16 2016. English translation available http://chinalawtranslate.com/2016charitylaw/?lang=en.
《中华人民共和国境外非政府组织管理法》People’s Republic of China Law on the Management of Foreign Non-Governmental Organizations’ Activities within Mainland China (Adopted at the 20th meeting of the Standing Committee of the 12th National People’s Congress on April 28 2016).
English unofficial translation see prc Law on the Management of Foreign Non-Governmental Organizations’ Activities Within Mainland China (2016) (China Law Translate available http://www.chinalawtranslate.com/2016-foreign-ngo-law/?lang=en).
Constitution of the Communist Party of China《中国共产党章程》(adopted 1982 as amended).
Constitution of the People’s Republic of China《中华人民共和国宪法》(adopted 1982 as amended).
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