Public interest incorporated associations’ reform: an analysis on the political process involving “public interest”

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  • 公益法人制度改革――「公益性」をめぐる政治過程の分析――
  • コウエキ ホウジン セイド カイカク : 「 コウエキセイ 」 オ メグル セイジ カテイ ノ ブンセキ

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Abstract

<p>Public interest incorporated associations’ reform which came into force in 2008 terminated the old law which associated Authorization of “public interest” with incorporation. It follows that former public interest incorporated associations have to be reviewed if they deserved the privilege under the name of “public interest”, and it increases the accessibility for non-profit organizations to obtain the status of legal entity.</p><p>It had already argued about the necessity of giving legal status to non-profit organizations without authorization of “public interest”. Though the non-profit organizations could acquire status of legal entity easily by establishing the Act to Promote Specified Non-profit Activities (NPO law) enacted in 1998, the nonprofit organizations without regard to “public interest” at all had to wait for the Intermediate Corporation Law Established in 2001 to acquire the status. In the public interest incorporated associations’ reform of 2000s, the determinations which aim to separate authorization of “public interest” from the legal status in the existing associations were advanced from a viewpoint of administrative reform.</p><p>It can be understood that a series of legislation is the political processes involving “public interest”. Though the Liberal Democratic Party, which ruled for a long time, tried to understand “public interest” as restrictively as possible, the other political party caught “public interest” widely, and asked for comprehensive reform of the nonprofit corporation system. Having been carried out as part of administrative reform applied limitation to the reform. However, it is expected that the political process involving future “public interest” will be changed by this reform coupled with the transfer of power having been realized in 2009.</p>

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