Research On Legal Issues Of China Trade Associations For Market Supervision

In the transformation of government functions and industry associations and government departments from pilot under the background of government power in the regulation of the market is gradually down,and as representatives of non-governmental organizations in the industry association has become one of the main body to undertake market regulatory functions.The supervision industry association is the effective means to make up for the market,the government of "double failure",based on the reference of domestic and foreign scholars on the legality and rationality as well as the status quo of theoretical analysis on the association of market regulation,and through using the advanced supervision system in western countries,to improve the industry association of China put forward the feasibility of market regulation improvement suggestions.This article is divided into four chapters,followed by the industry association of market regulation of the source of power and the implementation of the status quo,analysis of the plight of the recommendations to improve the issues such as the main contents are as follows:The first chapter is the theoretical foundation for the study,starting from the basic concept and the supervision of the main industry association of market regulation,the source based on the management theory the third sector regulatory authority,to the "market failure" and "government failure" for practical needs,using interdisciplinary research methods,comprehensive law,management and sociology etc.theory,expounds the rationality and necessity of market supervision of the industry association.The second chapter is to analyze the market supervision power of trade association.Firstly,the theoretical analysis of the source of the supervision right,divided into legal authorization,commissioned by the government and membership right three power source path;again the right to explore the implementation of supervision,focus on market access,industry standards and industry standards and other practical issues to resolve disputes.The third chapter focuses on the current situation of market supervision industry association analysis,put forward China's Industry Association,lack of legitimacy of government supervision is not in place,the separation of the self regulatory mechanism is not perfect and the abuse of market supervision and other obstacles.Byusing the method of comparative analysis,through the study of the foreign trade association market supervision experience,refine industry association of market supervision should be included in the legislative level,the government should change the single supervision mode,enrich the association of the sources of funding and reasonable expansion of Industry Association and other four kinds of power solutions.The fourth chapter is on the basis of the analysis on the three chapter,obstacles to the industry association market supervision system puts forward suggestions,in the market supervision level,in order to solve the lack of supervision legal obstacles,to speed up the process of legislation of supervision industry association market recommendations;in the duties of supervision level,to solve the political will not separate in place of the obstacle,processing path is proposed to balance the relationship between trade associations and government supervision supervision;industry associations in the supervision level,to solve the abuse of trade association market supervision right barrier,put forward the optimization of the internal self-discipline mechanism,strengthen the social supervision of foreign settlement.