晚清民初社团立法的演进探略

Chinese Legislation on Non-governmental Associations from the Late 19th Century to the Early 20th Century

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。

From the late 19th century to the early 20th century, Qing Dynasty and the Northern Warlords Government of the Republic of China had passed several laws and regulations on non -governmental associations, which had legally supported, to certain extent, the development of though there were much room for improvement. After a careful study, non-governmental associations in China, the author of this article has found that the legislation on non - governmental associations had experienced different stages： complete prohibition, partially prohibition, partially permission with conditions, totally permission under the state of anarchy, and permission with governments will.