Keywords: social organization, supervision and system
I. Introduction
After the reform idea of "separating politics from society" was put forward in the report of the 18th National Congress of the Communist Party of China, the central government continuously released the signal of "simplifying administration and decentralizing power". In March this year, the seventh round of the State Council's institutional reform plan took "giving full play to the role of social forces in managing social affairs" as an important content. When the government changes its functions, social organizations become an important force in social construction. Subsequently, the central government proposed that four types of social organizations (trade associations, chambers of commerce, science and technology, charity, and urban and rural community services) can apply for registration directly to the civil affairs department according to law, and no longer need the approval of the competent business unit, which is regarded as a milestone in the development of social organizations. Four types of social organizations can be registered directly with the civil affairs department, which lowers the "threshold" and makes it easier to set up, allowing a large number of social organizations to enter the scope of government supervision, but it also increases the difficulty for the civil affairs department to manage social organizations. It is necessary to implement direct registration and improve dual management; We should not only solve the problem of stock, but also deal with the incremental pressure. How to establish and improve the management system and operation mechanism of social organizations, and improve the comprehensive system and mechanism in which all departments perform their duties, coordinate and cooperate, and pay close attention to the management of * * * has become an urgent problem for civil affairs departments.
Second, the regulatory dilemma faced by the registration authority.
The direct registration of social organizations has gradually loosened social organizations, but it has also brought many regulatory problems. In recent years, more and more social organizations require legal registration, but this does not mean that the development level of social organizations has improved. Due to various factors, the supervision of social organizations by civil affairs departments is not strong enough, and the supervision mode and system are not perfect enough. County social organizations are facing the bottleneck of supervision, which restricts the benign development of social organizations.
(a) the government is more than private, and the form is more than substance. Take a county as an example, there are more than 100 social organizations registered according to law. Among these social organizations, government-run societies and associations account for a large proportion, and there are few social organizations independently established by the masses. Even township agricultural professional economic associations are mostly initiated by local governments. Management is still reflected by administrative means, and the rights of members and the masses to know, participate, manage and supervise have not been effectively exerted. Some organizations were passively established at the request of superiors or in other parts of the same industry, resulting in more forms than substance, which deviated from the original intention of the articles of association.
(2) Insufficient supervision and poor service awareness. As the registration and supervision department of social organizations, county-level civil affairs departments are subject to human resources, funds and other factors, and there is a phenomenon of re-registering social organizations and neglecting supervision and support. Although the supervision system of social organizations includes registration and approval, daily supervision, tax inspection, illegal review, administrative punishment and many other aspects, most of the means adopted by county-level civil affairs departments are annual inspection. Due to the limitation of personnel and funds, coupled with the scattered social organizations, it is difficult to conduct field research on social organizations one by one. It is impossible to effectively supervise only by annual inspection, and it is even more difficult to find problems and give early warning.
(3) The social situation has changed greatly, and relevant policies and regulations have failed to keep up. Under the existing laws and regulations, the civil affairs department, as the registration organ of social organizations, can investigate and deal with illegal acts according to law, and the competent business unit can only provide assistance and cooperation. This has caused the former to be tired of registration and "powerless" to supervision, while the latter has adopted a negative attitude because there is no clear legal authorization. This state of "two management and two management" directly leads to the inability to supervise social organizations. It is a challenge and an opportunity to improve the comprehensive supervision system in which all departments perform their duties, coordinate and cooperate with each other. In addition, in accordance with the requirements of governing the country according to law and administration according to law, we should revise and improve the regulations on the registration and management of social organizations, the regulations on the registration and management of private non-enterprise units and other administrative regulations. For example, the grass-roots civil affairs departments can not find the legal basis for the direct registration of social organizations; There are no clear punishment standards and means for social organizations that violate the regulations.
(d) Need to improve the quality of the registration management team. At present, there are a large number of social organizations, covering a wide range of fields and laws, but the quality of the registration management team does not adapt to the increasingly complex work. Supervision requires specialized financial auditors to guide social organizations to use bills and funds reasonably in time; There should be specialized law enforcement personnel to conduct daily supervision of social organizations, promptly ban illegal organizations, and stop social organizations from violating the regulations. These talents are difficult to meet under the existing conditions, and there are also gaps in the research on how to guide the construction and development of social organizations, how to provide services, and how to play their functions. The staffing of registration management institutions is unreasonable, and there is a lack of professional and technical personnel, which cannot meet the requirements of social organization supervision services in the new period.
Third, improve the channels of social organization supervision system.
(a) efforts to achieve diversification of regulatory means, and constantly strengthen their own construction. Effective supervision, while giving full play to the role of registration manager, should also rely on social forces to participate in supervision, establish a supervision path with extensive social participation, and realize effective supervision of social organizations. These paths include trying to change the single administrative supervision means in the past and urging social organizations to perform social service functions through more legal and economic means; Improve the annual inspection of social organizations, strengthen the dynamic management of social organization evaluation grades, and establish a linkage mechanism for annual inspection and evaluation of social organizations; Strengthen the construction of information platform, and timely reflect the registration, annual inspection, law enforcement and evaluation carried out by civil affairs departments and the reflection and evaluation of social organizations from all walks of life on the information platform, so as to facilitate social supervision and public opinion supervision and realize the normalization of supervision.
Facing the challenges and opportunities in the construction and management of social organizations, it is precious to strengthen confidence, but it is more important to strengthen self-construction. Social organization management and operation is a major, which requires not only enthusiasm and ideals, but also a series of professional skills such as governance structure, project operation, volunteer management and effectiveness evaluation. This means that in addition to the legal framework, the supervision of social organizations also needs to learn and study the professional knowledge of social organizations. The staff of the registration authority need to seriously study and study the needs, operating characteristics and laws of social organizations, constantly study and explore new ideas of civil affairs work under the new situation, try to analyze and solve problems from the perspective of technical path, change passivity into initiative, implement supervision in service, and embody service in supervision.
(2) Reform the supervision system and guide social organizations to strengthen the construction of honesty and self-discipline. To strengthen the supervision of social organizations, we should gradually establish a new management system of classified supervision, behavior control and resource guidance, incorporate the cultivation of social organizations into the overall framework of national economic and social development, and establish a public service operation mechanism with government-led, social collaborative participation, rational flow of resources and win-win cooperation among all parties. Some experts argue that on the basis of the current social organization management system of the civil affairs department, a social organization supervision institution subordinate to the State Council and independent of the civil affairs department should be established, and on this basis, a national social organization supervision and management system should be established. Gradually reform the dual management system of social organizations, and unify the supervision functions of the original competent business units, departments and related institutions into the system to form a unified and authoritative supervision system. Gradually promote the decoupling of trade associations and chambers of commerce from administrative organs in terms of institutions, personnel and finance, change the administrative tendency of trade associations and chambers of commerce, and enhance the self-management ability and vitality of social organizations.
In addition, credibility is regarded as the lifeline of social organizations, and industry self-discipline is the self-discipline, independent operation, independent development and independent management of social organizations. Through effective supervision, it is the future development trend to guide social organizations to strengthen self-discipline and enhance their credibility. In view of the disadvantages of the current internal organizational structure of social organizations, we should improve the corporate governance institutions with the articles of association as the core and gradually implement the operational mechanism of separating decision-making, implementation and supervision of social organizations; Try to establish a partnership with professional organizations in the process of internal management, and introduce a third-party evaluation mechanism to realize the sunshine operation and internal supervision of social organizations, and enhance the transparency and credibility of social organizations. By hiring social supervisors and establishing "grid" management, people from all walks of life are encouraged to complain and report illegal social organizations and illegal activities of social organizations. Through the news media, vigorously publicize the positive examples of social organizations, disclose major typical illegal cases of social organizations, strengthen external supervision of social organizations, and effectively realize organizational self-discipline
(3) Improve the current laws and regulations system of social organization supervision, and realize the full coverage of rule of law supervision. Any government supervision behavior must be placed under the legal track in order to gain social recognition and support. The same is true of the management of social organizations. As the administrative supervision organization of social organizations, the civil affairs department needs to clarify the legal authorization, the authority of the supervision organ, ensure that the government's supervision can't be "offside", "dislocation" and "absence", and clarify the law enforcement procedures and measures to ensure that the supervision process has laws to follow; As the main body of supervision, social organizations need a clear legal framework: what are the legal requirements of organizational governance, what is the legal bottom line of project operation, what is the legal standard of social publicity, what is the legal basis of administrative punishment and so on. These should be fixed in the form of legislation and become the rules of government supervision and social organization self-discipline according to law. At the same time, from the perspective of social organization development, according to different types of social organizations, we will speed up the formulation of special laws and regulations such as social organization law, trade association law and charity law to ensure the pertinence and effectiveness of special supervision and improve the efficiency of supervision.
Four. conclusion
At present, the government is dominant, and social organizations are relatively weak and need to be strengthened. It is necessary for the government to trust social organizations more and give them more room for activities, but this "loosening" cannot be equated with "lax" supervision of social organizations. The regulatory authorities should find new situations and problems with an open attitude, gradually standardize the regulatory system and operational mechanism of social organizations, promote the benign operation of social organizations, and enable social organizations to truly undertake the management tasks of some public affairs, participate in social management, and stimulate social vitality.