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Economic Autonomy Of The Industry Association Study

Posted on:2003-01-23Degree:DoctorType:Dissertation
Country:ChinaCandidate:L LuFull Text:PDF
GTID:1116360065956957Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The rise of social media organizations in last century was a flash in the development of civil society. While it is flourishing in China. Because it is not only a fundamental power of civil society, but also an effective substitute for state failure, trade association is being paid attention increasingly as the most important constitution of media organizations. Many branches of science and scholars have thrown much energy and enthusiasm into it. However, to our disappointment again, the law science, which originally should be one of the main forces in theory research of trade association, lags behind and is still immature. So in order to remedy defects of law research, and even more to improve and perfect the level of our theory research of trade association, this article makes researches on many problems of trade association from the standpoint of economic law. And economic autonomy of trade association goes throughout all problems. The reason is that I believe autonomy is the most essential characteristic and fundamental structural condition, and we should clear our minds about it at theory level. But scholars have made little research on it and there is little good ideas on it.In this article, from the standpoint of supporting economic atutonomy of trade association and regarding it as positive, I apply knowledge in various branches of science to explore many problems relating to economic autonomy of trade association, and show present situation of our associational autonomy, explain its causes and predict its future. There are 180, 000 words in all and the article is divided into thress parts and seven chapters.Part I explores the reasonableness and legality of associational autonomy. The main purpose is to find value reasonableness and legal foundations and supports for associational autonomy.Chapter One theoretically explores the reasonableness of trade association. In this Chapter, I inspect and review trade association under the circumstances of civil society and market economy. The valuereasonableness of existence of trade association is reflected and displayed through showing the unique function of trade association which exerts in civil society and market economy. It establish a functional foundation for advancing the following propositions of associational autonomy.Chapter Two examines the legality of trade association, which purpose is to find legal foundation for associational autonomy. Starting from the constitutional foundation of trade association, I elaborate the origins, sources, and constitutions of freedom of association. The main purport is to emphasize constitutional background of associational autonomy. Then, guided by constitutions of freedom of association right, I introduce reasonableness of trade association which happensin German, French, Japan, Korea and Russia, and appraise each country' s legislation separately. Lastly, I review and inspect the historical transition of Chinese trade association' s legality.Part II , the gist of the article, analyzes associational autonomy. It examines the theoretical foundation of associational autonomy, specific contents of autonomy right, relationship between autonomy right and state administrative authority, and a series of conditions of achieving autonomy right. This part is divided into four chapters.The first chapter, i.e. Chpater Three, mainly explores theoretical foundation of associational autonomy. I reply to modes, causes and funcitons of associational autonomy. Specifically, I want to point out that don' t put emphasis on simply displaying specific contents of trade association' s functions, but place trade association under the stage of social system by applying structure-function doctrine instead. I explore important conditions and crucial internal causes in conforming trade association. I also raise problems need resolving in following research.Chapter Four examines specific contents of rights and functions of associational autonomy. System framework of associational autonomy outlined and conclusions made in...
Keywords/Search Tags:Association
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