Research On Trade Association Development As The Subject Of Co-governance

Social organization is an important main force in the practice of social governance in our country,and it is also an important organizational basis for perfecting the construction of social field in our country.Therefore,improving the governance level and ability of social organizations is becoming the key breakthrough in the construction of shared social governance pattern in the new era of China.However,the types of social organizations are numerous and complex,and the functions,nature and status of all kinds of organizations are also different,so it is difficult to research them in universality,fitness and depth.Therefore,in order to highlight the key points,this paper selects the typical representative of the trade association as the research object,and tries to explain the dilemma of the rule of law in the process of governance,and tries to give the corresponding institutional countermeasures.In general,the institutional environment of the development of trade associations in China is not perfect at present,the legislation level of trade association governance,the level of law enforcement and judicial supervision are still need to be improved.In the process of governance practice,trade associations should not only accept the supervision and management of industry authorities,but also exercise many public management powers.And many legal issues,such as irregular power and lack of protection of rights,have arisen in the switching of roles between managers and relativities of management.At present,the research on trade associations in our country is more limited to the fields of political science,history and public management.There is a lack of comprehensive combing,analysis and summary of its establishment,operation and development of the internal and external institutional environment of each link from the perspective of law,especially in the aspect of administrative law,in order to clear up the real trouble of rule of law of trade association governance.Therefore,in order to standardize public power and protect private rights from the perspective of public law,this paper takes trade associations as the research object throughout the full text,based on investigating,analyzing and solving the difficulties and challenges faced by trade associations in the process of participating in social governance,and try to offer some localization suggestions on the basis of summarizing governance experience at home and abroad.And try to make certain academic contributions to the building of shared social governance pattern in the new era from the perspective of law.This paper consists of five chapters.The first chapter discusses the legal nature,status and functions of trade associations of China.The first section reviews the emergence of social groups in the late Qing Dynasty and the changes of trade associations after the founding of the people's Republic of China from the perspective of historical development and evolution,and briefly analyzes and summarizes the unique development history and functional orientation of trade associations in China,which lays the foundation for the following part.The second section summarize the unique legal nature of the trade association in our country,and points out that it has the legal attribute of both "public" and "private".In terms of "private" attribute,the trade association,as the managed civil subject,refers to the social group legal person which has the legal person condition,and it is based on the common will of the members and for the purpose of public welfare or the common interests of the members.In terms of the "public" attribute,trade associations exercise or participate in more and more of the "public administration" management powers that were originally enjoyed by the executive authorities,and it is difficult to distinguish such powers from those in the usual sense,which are clearly "public" in the exercise of the statutory authority referred to above.The third section points out that the trade association of our country has the legal status of "quasi-administrative subject".The "quasi-administrative subject" 's position mainly means that the trade association has not only one side of the industry manager as the main body of the "public" power in the practice of social governance,but also as the managed subject of the "private" rights,and it is not the administrative subject in strict sense.In the fourth section,according to the relevant laws and regulations,the articles of association and many other provisions in the governance of trade associations,as well as the empirical research on many trade associations in Beijing,Shanghai,Nanjing and other places,this paper summarizes that the trade associations in China mainly perform the four basic functions which consist of self-discipline,service,coordination and representation in practice,and also makes a detailed discussion on the operation of their specific functions.The second chapter elaborates on the problems and dilemmas faced by China's trade associations as the administrators in the process of external governance.The first section focuses on the legislative level,this part analyzes the shortcomings and problems of the existing regulations and policies of government regulatory industry associations including basic laws,administrative regulations and special legislation of local industry associations.The second section focuses on the party leadership and government law enforcement,this parttakes the practice of party building in industry associations and law enforcement cases of industry authorities as the object of investigation,analyzing the lack of practice supervision of China's industry associations.The third section focuses on the judicial level.This part takes the administrative litigation case between the industry association and the competent department in the past ten years as the examination text.The main controversy and related dilemmas of litigation disputes between the two entities are summarized in detail.Through the above three levels of detailed discussion,this paper attempts to fully present the overall institutional environment in the field of external governance of China's industry associations.The third chapter discusses the internal governance dilemma of industry associations as managers.Carrying out the idea of the second chapter,the first section of this article also begins with the "rules of law" level.It summarizes the shortcomings in internal governance norms including industry specific legislation,industry regulations,and industry internal management rules.And in the second,third,and fourth quarters,this paper elaborates on the governance dilemmas in the five major aspects of the main body,organization,behavior,procedures and asset management in the internal governance of the industry.Specifically pointed out that the industry associations have insufficient internal institutions,industry conspiracy,restricting members' liberty,destroying fair trade behaviors,restricting the operation of small and medium-sized member companies,lack of supervision procedures,imperfect fiscal and taxation systems and many other aspects of governance practice dilemmas.The fifth section focus on the judicial level,taking the cases of litigation disputes between Chinese industry associations and their members or interested parties in the past ten years as text materials,sorting out the content of practical disputes in the internal governance disputes of industry associations and the various relief dilemmas.The fourth chapter summarizes and reflects the institutional experience of social governance at home and abroad,in order to offer theoretical and experiential support for reform of China's trade association governance.In the first section,this paper takes the concept of "public" and "private" in ancient China as a carrier to comprehensively sort out the axioms of the Spring and Autumn Period,the Song Dynasty,the Ming Dynasty,the late Qing Dynasty and the early Republic of China.In the second section,this article comprehensively sorts out the three series of "Communication Laws and Regulations" issued by the Ministry of Social Affairs during the Republic of China,and summarizes the legislation and management of citizen association in the early period of the Republic of China,the Guangzhou NationalRevolution,the Nanjing National Government,and the Anti-Japanese War.It stipulates and specifically sorts out the three major issues of the laws and regulations of the social organizations of the Republic of China,the external supervision of civil organizations,and the institutional norms of internal governance of civil organizations.The third section summarizes the third sector theory adopted by the United States and Europe in social governance.This paper analyzes the characteristics and differences between the two regions in the theoretical field of the third sector,and carries out relevant reflections on the reference significance of the third sector theory of the two places,pointing out the organizational structure of the parallel and oppositional conflicts between the US and the society.The governance model is not suitable for local governance in China,while the European model has references.The fourth section discusses the historical governance experience and reform and innovation practice in China's social governance.The two sections summarize the idiomatic patterns,logic and experience adopted in China's national governance,and sort out the reform attempts and innovations made by China in the field of social management systems since the founding of People's Republic of China.The fifth chapter puts forward the path of reform and development of trade association governance on the basis of summarizing the issue and experience of trade association governance.In the new era,the first section expounds the issue of relocation of national public rights and social autonomy.Whether trade associations act as managers or the relativities of management in practice,the premise of its governance is that autonomous power(right)has been fully guaranteed.This section reviews the historical background of the strong national public power and the lack of social autonomy in our country,and recognizes and redesigns the nature,origin,function and the relationship structure between the social autonomy and the national public power in our country.The second section puts forward the overall improvement path of internal and external governance of trade associations in our country.Some suggestions are put forward from the following six aspects: changing the trade association's governance concept,perfecting the special legislation of the trade associations,strengthening the party organization construction of the trade associations,standardizing the management behavior of the trade competent department,optimizing the internal personnel management of the trade and perfecting the asset management of the trade associations.The third section analyzes the legal relationship among many kinds of trade governance subjects,such as trade associations,governments and courts,which clearly presents the overallappearance of the coordination,conflict and opposition of the above-mentioned subjects between power and responsibility,rights and obligations.The fourth section points out the overall thinking of trade association governance that the improvement of the management of the trade associations should be accurate to regulate and restrict the functional authority of the competent department of the trade.It can be carried out from the following five aspects:unifying the audit basis and standards for the registration of trade associations,reforming the management mode and focus of trade authorities,decentralizing the management functions and powers in the field of trade autonomy,optimizing the procedural rules of trade association management and comprehensively constructing the responsibility system of trade competent departments.The fifth section redefines the power content and responsibility boundary of trade autonomy in our country,which puts forward following four suggestions and countermeasures in detail: the implementation of trade autonomy audit permission,the improvement of trade rules and standards of the establishment of the right to promote the active performance of the duties of trade rights and promote the trade information disclosure obligations.Section 6 proposes a system of relief rules to improve the dispute over trade disputes,which puts forward a number of suggestions from the following three aspects:clarification of the legal nature of the management power of the trade association,the improvement of the internal relief mechanism of the trade dispute and the improvement of the external relief mechanism of the trade association dispute.