Typical cases of risk prevention and resolution in the field of social organizations
In recent years, local civil affairs departments have actively implemented the decisions and deployments of the Party Central Committee and the State Council. According to the work arrangements of the Ministry of Civil Affairs, through various measures such as strengthening daily supervision, carrying out special operations, strict law enforcement and supervision, and normalizing the crackdown on illegal social organizations, they have effectively implemented social organizations. The duties of the registration management authority shall conscientiously do a good job in the prevention and resolution of risks in the field of social organizations, strive to maintain the order of registration and management of social organizations, and maintain social harmony and stability.
Here are 10 relevant typical cases handled in various places in recent years as follows, for reference by registration management agencies and social organizations.
1. A federation in Guangdong was administratively punished for violating regulations in carrying out appraisals and commendations
[Basic facts of the case] From January 2018 to December 2019, a federation in Guangdong Province launched the "Top 500 Guangdong Enterprises", "Guangdong Province Integrity Demonstration Enterprise", "Guangdong Province Excellent Enterprises and Outstanding Entrepreneurs" without approval. In the appraisal and commendation activities, more than 29 million yuan were charged illegally by means of signing "Consulting and Training Service Confirmation Letter", "Accreditation Letter", "Service Agreement", "Cooperation Agreement" and other methods.
[Results of processing] In August 2020, the Civil Affairs Department of Guangdong Province, in accordance with the "Regulations on the Administration of Registration of Social Organizations" and the "Interim Regulations on the Management of Social Organization Appraisal and Commendation Activities", ordered the federation to suspend activities for three months and confiscate violations. Administrative punishment for fees collected, order to remove and replace the person in charge who is directly responsible.
[Typical significance] The Party Central Committee and the State Council attach great importance to the selection and award work. In recent years, a number of policies and regulations have been issued to continuously improve the supervision mechanism and strengthen the management of selection and award activities.
In this case, the registration management authority performed its regulatory duties in accordance with the law and severely punished social groups for accumulating money in the name of selection and awards. The risk of awards and illegal charges related to enterprises has played a warning role.
2. An engineering quality and safety association in Shandong was deregistered due to behaviors such as collecting money through illegal fees
[Basic case] In June 2020, a joint inspection by the inspection team of the State Council and the civil affairs, finance, auditing, taxation and other departments of Weifang City, Shandong Province found that a project quality and safety association in Weifang City used the administrative power of government departments to monopolize data clerks and witnesses. Training and issuing certificates for employees and collecting fees, carrying out appraisal and commendation activities in violation of regulations and collecting fees in disguise, engaging in profit-making business activities, borrowing government administrative power to monopolize the production of nameplates and collecting fees, financial management chaos, and illegally reimbursed a large number of other units and individuals Illegal facts such as money.
[Results of Handling] In June 2021, the Weifang Civil Affairs Bureau issued an administrative penalty for the cancellation of registration of the association in accordance with the "Regulations on the Administration of Registration of Social Organizations" and the "Interim Regulations on the Management of Social Organization Evaluation and Commendation Activities".
[Typical Significance] In recent years, the Party Central Committee and the State Council have attached great importance to the work of reducing taxes and fees, and have repeatedly made arrangements to resolutely stop "arbitrary charges". Charges jointly carry out special rectification actions.
In this case, the registration management authority conscientiously implemented the decision-making and deployment of the central government, strictly rectified the arbitrary charges of industry associations and chambers of commerce in accordance with their duties, and resolutely cracked down on the chaos of industry associations and chambers of commerce that hindered the healthy development of the market economy. Contribute to the overall situation of development and social stability.
3. A "zombie-type" social organization in Jiangxi was deregistered
[Basic facts of the case] After a promotion association in Jingdezhen City, Jiangxi Province was established, its legal representative and chairman Yu XX was sentenced to 12 years in prison by the people's court for illegal activities.
Afterwards, the work of the Promotion Association was shut down, out of order and out of control. It failed to participate in the annual inspection in accordance with the regulations for many years. "Social organization.
[Results of processing] In January 2022, Jingdezhen Civil Affairs Bureau, in accordance with the requirements of the Ministry of Civil Affairs and Jiangxi Province's special action to rectify "zombie-type" social organizations, cooperated with public security, business and other departments to carry out situation investigation, investigation and evidence collection. According to the "Social Organization Registration Management According to the relevant provisions of the Regulations, the promotion association will be subject to an administrative penalty of deregistration.
[Typical significance] In order to thoroughly implement the spirit of General Secretary Xi Jinping's important speech on focusing on preventing and defusing major risks, implement the decision-making deployment of the "Opinions on Reforming the Management System of Social Organizations to Promote the Healthy and Orderly Development of Social Organizations" by the General Office of the CPC Central Committee and the General Office of the State Council , the Ministry of Civil Affairs launched a special campaign to rectify "zombie" social organizations across the country.
In this case, the registration management agency conscientiously implemented the deployment of the superior, cooperated with relevant units to jointly enforce the law, deregistered the promotion association according to law, cleaned up the social organizations that occupied social resources, and eliminated potential social risks and hidden dangers.
4. A charity foundation in Tianjin had its registration certificate revoked due to illegal activities such as external borrowing
[Basic facts of the case] After a charity foundation in Tianjin was established and registered, the vice-chairman Ye Moumou took advantage of his position to manipulate the foundation and privately transferred 1.65 million yuan of charitable funds from the foundation to an account of a company under his own name in the name of a loan.
After being discovered, the charitable foundation refused to implement the correction request of the civil affairs department to recover charitable funds.
At the same time, the charitable foundation also has illegal activities such as the annual expenditure ratio of charitable activities does not meet the regulations.
[Results of Handling] In July 2022, the Tianjin Municipal Civil Affairs Bureau imposed an administrative penalty on the foundation for revoking its registration certificate in accordance with the relevant provisions of the "Charity Law of the People's Republic of China", and transferred the relevant materials of the case to the relevant public security organs in Tianjin. Ye Moumou's suspected misappropriation of funds from the foundation was investigated.
[Typical Significance] According to the provisions of the "Civil Code of the People's Republic of China" and the "Charity Law of the People's Republic of China", the foundation is a donation legal person established for public welfare purposes, and the property of the foundation belongs to donation property and charitable property. No organization or individual may Private distribution, misappropriation, retention or embezzlement.
The "Several Provisions on Regulating the Behavior of Foundations (Trial)" issued by the Ministry of Civil Affairs stipulates that foundations shall not directly provide loans unrelated to public welfare activities to individuals and enterprises.
In practice, some foundation funds have flowed out in the name of borrowing and lost control, endangering the safety of charitable property and public interest.
In this case, the registration management authority strictly enforced the legal provisions, severely cracked down on acts that endanger the safety of charitable property, and imposed an administrative penalty of revoking the registration certificate of the foundation.
On this basis, the registration management agency relied on the joint law enforcement mechanism of social organizations to transfer the evidence of Ye Moumou's alleged misappropriation of charity funds to the public security agency for investigation in accordance with relevant regulations, which is conducive to deterring illegal acts that infringe on charity properties and increasing the recovery of public welfare and charity funds. It is also an active exploration and beneficial practice in the connection between administrative law enforcement and criminal justice in the field of social organizations.
5. An education foundation in Anhui was punished and rectified in place to resume normal operation
[Basic facts of the case] An education foundation in Anhui Province has been unable to carry out normal activities for a long time due to internal management problems.
In January 2022, the Civil Affairs Department of Anhui Province plans to impose an administrative penalty of deregistration for failing to participate in the annual inspection in accordance with the regulations.
The foundation actively cooperated with the investigation, seriously carried out rectification, and pointed out that through various efforts, internal rectification has been completed, and financial support has been obtained, hoping to reduce punishment and actively contribute to the development of charity.
[Results of Handling] In February 2022, the Civil Affairs Department of Anhui Province, in accordance with the provisions of the "Administrative Punishment Law of the People's Republic of China" and the "Regulations on the Administration of Foundations", reduced the punishment of the foundation and gave it an administrative penalty of warning; further interviews with the foundation The person in charge shall be ordered to rectify within a time limit.
At present, the foundation has completed the relevant rectification work as required and is on the track of normal operation.
[Typical Significance] According to the provisions of the "Foundation Management Regulations" and "Foundation Annual Inspection Measures", the registration management authority can impose administrative penalties for cancellation of registration for the foundation's violations.
In this case, the foundation actively cooperated with the investigation and achieved good rectification results, and was willing and able to continue to engage in charity.
The business unit in charge of the registration management agency has made a decision to mitigate punishment in accordance with the law, and there is no place where one fine or one withdrawal is mechanically enforced, avoiding unnecessary conflicts and hidden risks, and practicing General Secretary Xi Jinping's " The spirit of the important discourse that law enforcement should be both strong and warm” embodies the principle of “adhering to the combination of punishment and education, educating citizens, legal persons or other organizations to consciously abide by the law” in the Administrative Punishment Law of the People’s Republic of China, and strives to achieve social Organize the unification of legal effects, social effects, and political effects of law enforcement and case handling by registration management agencies.
6. A development center in Shanghai resorted to deception to obtain the legal representative’s change of registration and its permission was revoked
[Basic facts of the case] In September 2021, the Shanghai Civil Affairs Bureau received a report from Yang, reflecting that in November 2020, a development center in Shanghai had forged Yang's signature and fictitious directors during the process of applying for the change of registration of the legal representative of a private non-enterprise unit. Illegal acts such as falsifying and defrauding changes in registration of resolutions of the meeting.
[Results of Handling] Shanghai Municipal Civil Affairs Bureau revoked the administrative permission to change the legal representative of the development center in accordance with the provisions of the "Administrative Licensing Law of the People's Republic of China" and "Interim Regulations on the Registration and Management of Private Non-enterprise Units", and ordered it to rectify within a time limit. Do a good job in the aftermath.
[Typical Significance] According to Article 69 of the Administrative Licensing Law of the People's Republic of China, if a licensee obtains an administrative license by fraud, bribery or other improper means, it shall be revoked.
Article 24 of the "Interim Regulations on the Registration and Management of Private Non-enterprise Units" stipulates that if a private non-enterprise unit resorts to fraud when applying for registration and fraudulently obtains registration, the registration management authority shall revoke the registration.
According to the above-mentioned laws and regulations, the circumstances of this case belong to the revocation of the administrative licensing decision made by the registration management authority.
After full investigation and evidence collection, the registration management authority revoked the administrative license for modification registration, which not only corrected the illegal behavior, but also safeguarded the legitimate rights and interests of the fraudulently used person, and effectively prevented the occurrence of related conflicts and disputes.
7. An outpatient department of integrated traditional Chinese and western medicine in Zhejiang was deregistered according to the opinions of relevant state agencies
[Basic facts of the case] In June 2019, the Civil Affairs Bureau of Yuhang District, Hangzhou City, Zhejiang Province discovered during daily supervision and inspection that an outpatient department of integrated traditional Chinese and Western medicine (a private non-enterprise unit) was placed in charge of the health administration for violating relevant laws and regulations in the medical field. The department revoked the "Medical Institution Practicing License", and the outpatient department of integrated traditional Chinese and Western medicine no longer meets the establishment conditions stipulated in Article 8 of the "Interim Regulations on the Registration and Management of Private Non-enterprise Units".
[Results of Handling] In July 2019, the Civil Affairs Bureau of Yuhang District issued an "Administrative Warning Letter" to the unit in accordance with the provisions of Articles 16 and 17 of the "Interim Regulations on the Registration and Management of Private Non-enterprise Units", reminding it to handle cancellation according to law register.
Afterwards, the unit failed to complete the liquidation within the specified time, and the registration was canceled.
Upon inquiry by letter, the professional supervisory unit believed that the registration should be revoked.
In December 2019, Yuhang District Civil Affairs Bureau canceled its registration.
[Typical Significance] Article 26 of the "Interim Regulations on Registration Management of Private Non-enterprise Units" stipulates that if the activities of private non-enterprise units violate other laws and regulations, the relevant state organs shall deal with them according to law; if the relevant state organs believe that the registration should be revoked, The registration authority shall cancel the registration.
In this case, through daily supervision, the registration management agency discovered that the private non-enterprise unit that was no longer eligible for establishment after being dealt with by the relevant state agency in accordance with the law fully performed its duties and responsibilities. Cancellation of registration prevents the organization from becoming a "zombie" social organization, and resolves potential risks in the field of social organizations.
8. A vocational training school in Hebei was administratively punished for privately transferring the registration certificate and seal of the legal person
[Basic facts of the case] After a vocational training school (private non-enterprise unit) in Hebei Province was registered and established in 2014, its internal governance was not sound. The legal representative Niu claimed to be the owner of the school on weekdays, and he personally controlled the use of the legal person registration certificate and seal.
In May 2020, without the consent of the school council, Niu signed the "School (Legal Person) Transfer Contract" with Zhang in the name of the school, stating that "Niu changed the ownership of a vocational training school in Hebei Province to Zhang", including "the name of the school, the legal representative, the authority, the school's license and charter and other relevant documents, materials, certificates, etc." were all changed and handed over to Zhang.
In the absence of legal change registration, Niu handed over the legal person registration certificate, seal, etc. to Zhang for control and use, and charged Zhang a fee.
[Results of processing] In April 2022, the Civil Affairs Department of Hebei Province, in accordance with the provisions of the "Interim Regulations on the Registration and Management of Private Non-enterprise Units", issued an administrative suspension of activities for three months in response to the illegal act of lending the legal person registration certificate and seal of the vocational training school. Punishment, confiscation of illegal gains, and sealing up its legal person registration certificate, seal and accounting vouchers.
[Typical Significance] According to the "Civil Code of the People's Republic of China" and the "Interim Regulations on the Registration and Management of Private Non-enterprise Units", private non-enterprise units (social service organizations) are non-profit legal persons and donation legal persons, and shall not carry out activities for the purpose of profit .
The property invested by the promoters for the establishment of private non-enterprise units is donated property and cannot be exchanged for the "equity" of similar enterprises. If the legal representative is to be changed, a resolution must be passed by the council and the change registration must be handled in accordance with the law, and it cannot be "transferred" privately.
Legal person registration certificates and seals are important documents for units. Private non-enterprise units should establish and improve management and use systems, improve internal supervision and control mechanisms, and prevent risks such as improper use and illegal transfer of badges.
In this case, after full investigation and based on the facts and evidence in hand, the registration management authority imposed administrative punishment on the illegal act of lending the legal person registration certificate and seal according to law, corrected Niu’s illegal act, and effectively resolved potential hidden dangers.
9. Illegal social organizations "Holy Covenant Home Church" and "Aslan School" were banned according to law
[Basic facts of the case] Since February 2017, Li, Han and others established an illegal social organization "Holy Covenant Home Church" in Yaodu District, Linfen City, Shanxi Province.
During this period, Li, Han and others relied on the "Holy Covenant Home Church" to establish the "Aslan School", recruiting children of many believers to receive early childhood and primary education based on Christian theology and charging tuition fees, bewitching believers not to let Children receive national compulsory education.
[Results of Handling] In August 2022, the Civil Affairs Bureau of Yaodu District banned the "Holy Covenant Home Church" and "Aslan School" in accordance with the relevant provisions of the Ministry of Civil Affairs' "Interim Measures for Banning Illegal Non-Governmental Organizations".
[Typical Significance] The state protects normal religious activities in accordance with the law, and religious groups should register in accordance with the state's regulations on the management of associations.
In this case, "Holy Covenant Home Church" and "Aslan School" carried out religious activities in the name of social organizations without registration, which violated the regulations on the management of religious affairs and the registration management of social organizations, and belonged to illegal religious activities carried out by illegal social organizations , there is a greater political risk.
The registration management authority banned it according to law, maintaining the order of social organizations and religious activities in the jurisdiction, safeguarding the national education system and the legitimate rights and interests of minors.
10. The illegal social organization "Henan Province Mongolian Surname History and Culture Research Association" was banned according to law
[Basic facts of the case] In February 2021, the Civil Affairs Department of Henan Province received complaints and reports, reflecting that the "Research Association of Mongolian Surname History and Culture in Henan Province" had illegally hosted or presided over ethnic sacrifices in many places in the province without registration with the civil affairs department, and was suspected of carrying out Activities of illegal social organizations.
[Results of Handling] In April 2021, the Civil Affairs Department of Henan Province made a ban decision in accordance with the provisions of the "Interim Measures for Banning Illegal Non-Governmental Organizations" and announced it on the website of the Civil Affairs Department.
[Typical significance] Carrying out activities in the name of surname, clan, etc. is a common type of illegal social organization in law enforcement practice.
Lawbreakers often use this to bluff and deceive, infringe on the property rights and interests of the people, and easily become a hidden danger to social stability.
In this case, the "Henan Province Mongolian Surname History and Culture Research Association" carried out activities in the name of a social organization without registration, which violated the provisions of the social organization registration management regulations, was an illegal social organization, and caused adverse social impact.
The registration management agency banned it according to law, which purified the environment for the development of social organizations and was conducive to cultural security, national unity and progress, and social harmony and stability in our country.
(Website of the Ministry of Civil Affairs)