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CECC 2002 Annual Report

China's Judicial System

FINDINGS

Civil Society
Indigenous Chinese "NGOs"

As China has moved from central planning toward a market economy, the state has retreated from many areas of social life where it once played a dominant role. A variety of social organizations has sprung up to help provide services once guaranteed by the state and to give a voice to new constituencies shaped by the changing economy. Education and health care are two examples of vital state functions now sometimes performed by non-state organizations. A 2001 report by the editors of China Development Brief lists 250 Chinese NGOs, ranging from the huge Party-led "mass organizations," founded soon after 1949, to specialized local associations founded much more recently. They include the Shanghai Cancer Recovery Club and the WomenĄŻs Legal Services Centre in Qianxi County.(260)

Observers disagree on whether the term NGO, which implies a degree of autonomy from government control, should be applied to Chinese social organizations (called "social associations" under relevant Chinese legislation).(261) Some point out that these organizations are ultimately under state control and, therefore, should not be considered as truly "non-governmental" organizations. They contend that strict state supervision and suppression have led these groups to adopt an attitude of cautious deference to the government, rather than one of criticism and public advocacy. Others disagree, seeing them as nascent NGOs, at least in substance, if not in form. Some Chinese associations even argue that their connection with state sponsors can translate into more effective influence on government policy.

The Commission will examine this issue and determine if and how such entities can help promote the rule of law and human rights in China and whether the U.S. government might play a role in assisting their development.



260 China Development Brief, 250 Chinese NGOs: Civil Society in the Making, August 2001.

261 Regulations for Managing the Registration of Social Organizations [Shehui tuanti dengji guanli tiaoli], adopted 25 September 1998.


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