Self-governance Of The Industry Associations Of Legal Thinking

As spontaneously intermediary and non-profit's organization,trade association aims in the interest(s) of its covered industry in one or different aspects,and providing services to members of the industry for their benefits.It is the inevitable result of the thorough development of market-oriented economy and fruit of social division of labor in market area.It featured as intermediary,non-profit and special public welfare. Since reform and opening up,especially from 1990's,under China's market economy development and the accelerating process of structural reform, trade association constantly emerges,while its function in society also strengthened day by day,appearing good shape in its autonomous governance.The development of trade association reflects the profound structural change between the government,market and the society.First,political reform and the transformation of government functions requires trade associations to carry more important social functions independently,and to realize its self-governance.However,due to historical reasons,political system,and many other aspects,the legal status of Chinese trade associations is not clear.It lacks the essential authority to realize its autonomy and to govern the industry without executive power. Its autonomy is actually an extension of government's executive power,this tendency is very clear.Second,the development of market economy and civil society requires trade association to play a unique role.In some area with relatively developed economy,such as Wenzhou,China, spontaneously organized trade association,according to the needs of the industry,positively provides service to its members in domestic and international competition,and obtains internal consistent approval.Trade association in these areas achieved independence with powerful authority, but its autonomy is only based on the initiative attraction of the local government's executive power.The autonomy is lack of legal basis.And finally,as the deepening of China's economic reform and as China's accession to the World Trade Organization,the transformation of social management function requires trade association to achieve its fully autonomous governance and play its social functions independently.But the imperfect of our country's legislation,especially the deficiency on typical law on trade association,impedes the association to play its function.In summary,it is urgently needed to speed up the legislation on trade association,enabling the association to play its role well and achieve self-governance independently.On the basis of collected relevant documentary and literature data,and after analyzing the self-governance situation of our country's trade association,using the trade association in Wenzhou as real cases,the thesis discussed the legal issues and the negative impact caused by the self-governance of trade association by way of comparison research,empirical research & logical inference research, and tried to raise some measures to solve the difficult status on self-governance that trade associations facing now.The first chapter outlines the development of trade associations and its self-governance mechanism,including the formation and development history of trade associations,the value meaning of its self-governance,and the basic analysis on the self-governance mechanism of trade associations.The second chapter presents and analyzes the real status of our country's trade associations' self-governance and the existing legal issues. Mainly presents and analyzes the real status of our country's trade associations' self-governance,using the real status of trade association in Wenzhou as samples and cases,and points out the legal issues of trade associations' self-governance and the negative impact caused by the issues.The third chapter is about constructing legal system that fits the self-governance mechanism of our country's trade associations.It points out that legislation on trade associations is the core issues to strengthen the self-governance of trade associations,and also raises some suggestion to improve the legislation on our country's trade associations.