Chinese authorities have invited commentaries on the 2nd Draft of the People’s Republic of China Charity Undertakings Law of the PRC, which they have circulated earlier this year. FLIA is pleased to release to the public its comments on the Charity Law of the People’s Republic of China (Second Draft), as these comments have been offered to the National People’s Congress.
In commenting on the Second Draft, we took into consideration the broader goal of facilitating the development of the non-profit, non-government sector of the economy, of which charities are an important component. This goal can better be achieved by clearly defining what a charitable organization is; what charitable activities are; who can conduct charitable activities, and how these activities should be conducted.
More importantly, the non-profit sector of the economy must grow coherently with two main obligations, as these befall cadres and state officials. First, in enforcing the Charity Law, cadres and state officials have to remain true to the overall line of the CCP. Second, they have to remain faithful to state policies, as these policies embody goals set by the CCP.
Paragraph 9 of the General Program of the Constitution of the Chinese Communist Party states:
In building socialism, the basic task is to further release and develop the productive forces and achieve socialist modernization step by step by carrying out reform in those aspects and links of the production relations and the superstructure that do not conform to the development of the productive forces.
This means that the country must reform those sectors of the economy that lag behind the “development of the productive forces.” Paragraph 9 also states that:
The Party must respect work, knowledge, talent and creation and ensure that development is for the people, by the people and with the people sharing in its fruits.