The Legal Regulating Research On Industry Association Restrict Competition Behavior

Industry association as the main body of independent of the government,the general market organization,the third domain in society plays a role of bridge and the link between the government and the market,in the management of the modern market economy plays a unique role.It on the basis of social organization industry association management approach,social organization registers regulation,about accelerating industry association chamber of commerce in several opinions of the reform and development and other related laws and regulations of the relative autonomy management.As the market management mechanism of deepening reform,industry association of this unique group is playing an increasingly important role in the social management,its action also highlights and further deepen the reform of experimental field.Industry association,as the representative of a member of the association,through information collection,analysis,and provide a communication platform association member of the collective interests,promote the healthy development of the industry.However,because of its locality,on behalf of the members of the industry association born with a tendency to restrict competition,and because the industry association's own operation mechanism and the complex social system,supervision and management,and many other reasons,the industry association cannot be effectively curb the restrictions of competition.Therefore,how to coordinate the management of the industry association,to perfect laws and regulations,implement industrial policy and competition policy win-win,is the key to the development of current industry association.The article mainly divides into six parts: the first part is the problems put forward.Through case introduction,analysis,and puts forward problems.The second part is the summary analysis of the industry association.Through the industry association's function and form development and management,deepen the understanding of the industry association.The third part is the industry association restrict competition behavior of the main types and the status quo of the legal regulation.Based on joint limit competition,abuse of information exchange,standardization and certification authority,etc,the analysis of a deeper understanding of the industry association of limiting competition behavior;Through the interpretation of the current legislation,law enforcement,and further understand the association of industry of our country about legal regulation of the restrictions of competition and the status quo.The fourth part is the management experience of foreign industry association.Through to the United States,Germany,Japan's national industry association management characteristic analysis,further understanding of the problems existing in the industry association in China.The fifth part is the basic principles of industry association restrict competition behavior regulation.By means of the priority principle of public interest,the introduction of freedom of contract relativity principle,further understand the law about the depth of industry association restrict competition behavior regulation.The sixth is divided into the legal regulating industry association restrict competition behavior of thinking.Through legislation,law enforcement,judicial and subsequent supervision of thinking,in order to improve the industry association run comprehensive regulatory system.