晚清民初社团立法的演进探略

A Summary Study on the Legislation Evolution of Associations during Late Qing Dynasty and Early Republic of China

19世纪末20世纪初,晚清政府和中华民国的北洋政府出台了部分针对新型民间社团的法令法规,在一定程度上为近代社团的发展提供了法律支持,有其进步性,但也还存在诸多不足。近代中国社团法制发展的轨迹,基本上是一条沿禁止;以禁为主,有条件部分开禁;无政府状态下的完全开禁;政府选择下的鼓励与禁止的螺旋上升式的轨迹。

During the ends of 19th century and the beginning of 20 centuries, the late Qing government and Republic of China＇ s Beiyang government have appeared partially laws and regulations which viewed the new associations that has provided the holding of law in the certain degree for the modem association＇s development, had its progress, but also had many insufficiencies. The modem associations of China legal system development path, basically is along the protfibition; Endures primarily, has the condition partially to relax a prohibition; Under the anarchy completely relaxes a prohibition; Under government choice encouragement and prohibition spiral rise - like path.