Legal governance of NGOs in China under Xi Jinping: Reinforcing divide and rule

Abstract

ABSTRACTThe year 2016 seemed to mark a critical juncture in China’s non-profit sector as the government passed several laws and regulations, including the Charity Law. This study examines this development as part of the historical evolution of legal regimes governing NGOs, and considers the contexts of these recent legal changes. By doing so, this paper aims to infer the implications for the governance of non-governmental organizations (NGOs) in China. Compared to previous laws and regulations, those introduced by Xi Jinping’s administration suggest the party-state’s heightened willingness to acknowledge the numerical growth and diversification of NGOs and their contributions to Chinese society. However, the new laws and regulations also indicate the government’s willingness to adopt a more explicit divide-and-rule approach to NGOs. On the one hand, the government aims to actively incorporate those NGOs that it considers useful and innocuous into an increasingly institutionalized system of social governance and rule of law. On the other, the government is likely to apply the policy of outright rejection and repression to those it identifies as threatening the party-state’s authority.