Research On The Industry Self-regulation Under The View Of Agreement

Self-regulation mea ns establishing rules and enforcing this rules by oneself, andthe regulation model which industry associa tion or enterprises enforce the rulesestablished by themselves mea ns industry self-regulation. This article researched theindustry self-regulation from the view of agreement and based on the relationshipbetween the government and the market.The basic theories of the industry self-regulation include the civil society theory,the polycentrism theory, the collectivity theory, the governa nce theory and the socia lcontract theory. The civil society is a specia l form in which the society operates, and italso mea ns a field between the country and the families or the individ uals containing aseries of basic principles related with it. The industry associa tion is a important andbasic power in the civil society, the public affairs in the industry are governed by it,and it genera lly cooperates with the enterprises and the government each other nicely.The polycentrism theory and the collectivity theory consider the socia l interestsare different genera lly, they emphasize the function of the self-regulated organizations in the society, by which the different socia l interests are brought into a systematic pathand then it can be controlled. They cla im that the politics and the society could n't becontrolled orderly unless there exist efficient cooperation between the government andthe socia l organizations.The governa nce theory cla ims that the governance bodies include publicorganizations, private organizations and individ uals besides the government in thesocia l and economic field, and the industry associa tion is certainly a importantgoverna nce body. It emphasizes the cooperation between the government and thesociety in order to remed y the failure of the market and the government,The core idea of the socia l contract theory is that the country or the government isestablished based on the socia l contract between the individ uals, so the socia lorganizations such as industry associa tions can also be established based on it. Thestatute of the industry associa tion is actually a socia l contract, by which the industryassocia tion can order or control the members, govern the public affairs in the industry,in order to realize the cooperation and the bala nce of advantage between the members.The history of industry self-regulation is centuries-old both in west countries andin China. In the Midd le Ages of west countries, the guild as a old form of selfregulationalready existed, at the same time, the mercha nts developed commercia l lawas the ir own rules in business, and established commercia l court themselves. In China,mercha nt organizations also exis ted from Song dynasty to Qing dynasty, also inlatter-days, they practiced self-regulation in business field.In now-days , the dema nd to self-regulation is higher tha n before with thedevelopment of globa l economy, modern science and technology, network technologyand cyber-business, self-regulation has already become a common phenomena insevera l socia l fields. Self-regulation has important function to advance the innovationof government administrative system, to develop the market economy, and to build theharmonious society in China.The self-regulation system has advantages and also has limitations, so it ought tobe intervened somewhat by the government. The model of self-regulation operatesgenera lly under the shadow of the government. In this article, the type of the self regulation includes the enterprise self-regulation, the collective self-regulation and theindustry standard, but the industry standard is actually a form of collective selfregulation,so it can be also brought into the scale of collective self-regulation.The enterprise self-regulation derives from the movement of corporate socia lresponsibility. The enterprise self-regulation usua lly presents a voluntary initiativeestablished by the enterprise itself, or in sometime s the enterprise adopt initiativesestablished by other organizations, in order to restrict its internal and external behavior.The initiatives have force to the internal organizations and the employees of theenterprises of course, but they haven't force to the enterprises neither in the law nor inthe rules, it depends on the enterprise's own will entirely whether they bright theinitiatives into effect. The initiatives also haven't force to other bodies principally,unless they obey them voluntarily.The force of the initiatives to the internal organizations and the employees of theenterprises is based on a contract. In some cases, the initiatives have force to otherbodies if the enterprise made a contract with them, so the force of the initiatives to theenterprise and other bodies is also based on a contract. For example, the commod itymarket makes a contract with the clients and requests them to obey its initiatives. Andthe same way happens in the cyber-business field.The purpose of industry associa tion and industry self-regulation based on theagreement of the members is to build steady and orderly competition and cooperationorder in the industry, besides, it can gain good developing order based on thecommunication between the associa tion and the government or the outside interestgroups, the information and service given by the associa tion, and the obligation ofsocia l responsibility taken on to the members by the associa tion. So the industryassocia tions and the carrying out of the self-regulation agreement in the industry isreasonable.The government usua lly admit and hold up industry associa tion and its behavior,in order to use it to give public service, to contact enterprises, and to gain itscooperation while the government makes and carries out its public decision relatedwith the industry. So the industry associa tion and its self-regulation is lega l. The industry associa tion's power of self-regulation derives from the members'rights, andat sometimes, the government also gives some power to it to administrate some publicaffairs. The industry associa tion is one of the bodies in the economic law, and it can bean independent body in an administrative lawsuit because of its power to administratepublic affairs in the industry.The industry associa tions can be separated into two kinds, one is derived from thegovernment and the other is constructed by the industry itself. The former is intervenedby the government easily, and the latter also has some shortcomings, such as controlledby big enterprise, the scale is not so vast, some behavior hasn't lega l foundation, etc.The administrative system of industry associa tions also has some defect, such as oneindustry one associa tion , one area one associa tion. The operative system of industryself-regulation should be perfected by cultivating and authorizing the industryassocia tion, innovating the administrative system, and strengthening legislation.The self-regulation rules should have somewhat force to the people involved inthe industry because they are brought out from people's agreement. The enterpriseinitiative s gain external force by the enterprise signing a contract with the externalbodies, both to the specia l excha nge and to the relationship between the externalbodies. And the collective self-regulation rules based on the agreement of the membersin the industry not only have compulsive force to the members, but also have force tothe bodies outside the industry when they accept it voluntarily at sometimes.Meanwhile, the self-regulation rules are summa ry of the custom in the business, sothey ought to have force as common law.The self-regulation rules also have some problem in the practice, they may hurtthe public interest at sometimes, so the supervising system including putting onrecords to the government and judica tory supervising system is necessary. The selfregulationrules can be carried out by the judica tory process, moreover, it haveindependent enforcing process with the industry associa tions having the power topunish the behavior violating the rules and settle the disputes in the industry.The self-regulation rules should n't violate the law, moreover, they aresupplement and backup of the law, and the experience gained by the self-regulation rules in the practice ought to be reflected in the law. The industry legislation isgenera lly operated by government in our country, the government ought to make lawwithin its authority, and its intervene to the industry ought to be good-tempered.The things related with justice and security in excha nge or development of theindustry should be regulated by industry legislation, and the other things can beregulated by industry self-regulation rules. The industry legislation provides aframework and principle of guida nce to the industry self-regulation, within this scale,the government ought to encourage the industry and the enterprises develop their ownregulative rules.The system of multila yer industry regulative rules including the self-regulationrules is the basic condition to build and perfect the industry self-regulation system, andthe industry self-regulation rules'status is more important and basic in this system.The industry self-regulation system under the framework of law should be advancedwith the endeavor of the country and the society.