Study On Status Of Chinese Industrial Association In Administrative Law

This dissertation consists of the foreword, main text and conclusion. The main text has three chapters.The foreword gives a brief explanation about the intentions of writing and issues that are going to discuss.The first chapter mainly introduces the present situation and historical background of industrial association.Beginning with the definition of industrial association, this chapter analyzes the characteristics of industrial association, introduces research made in China, and classifies existing industrial associations according to some standards, trying to make a general description about Chinese industrial associations. Then from three standpoints of differentiation of social structure, changes of international environment and transforming of governmental function, it analyzes the social background of industrial association, pointing out that industrial association surely will play an important part in promoting industrial interest, advancing international transaction, speeding governmental transition to "small government, big society".The second chapter is the theoretical part, mostly discussing the nature of industrial association's power.Firstly it summarizes the source of industrial association's power from the relevant Chinese laws and regulations in effect, which are authorization, delegation and industrial contract. Then the nature of industrial administration power is studied from viewpoints of public interest and administration. From the evolution of public interest, it is discovered that industrial association is a concept of much relativity, including not only the state interest, but also the common interest of people within a certain limit. As an aggregation of particular industry's interest, industrial association inevitable becomes one of the principal parts of public interest in modern society. From the evolution of public administration, it is discovered that the implementing body of public administration has been directing to socialization, i.e., those who can administrate public affairs have not been restricted to traditional public organs, expanding to a large number of social organizations with industrial association as a major force. Finally, the author makes it clear that industrial association is a kind of social organizations of public law nature; the nature of industrial association's administration power is one different from traditional administration power. In the third chapter, some suggestions are put forward to establish industrial association institutionally. It has three parts, which are the necessity, key points and specific suggestions of constructing industrial association system.The major difficulty confronting Chinese industrial association is the ambiguity of its status as a principal, causing infringement on the right of industrial association by the government without restraint and inability of association members to seek remedy for the encroachment by the association. Key solution to these problems is to set up industrial association's status of administrative principal. After discussing the possibility to set up such a status, the author holds that three law are relied on to construct industrial association institution, which are the laws of industrial association, administrative litigation and administrative procedure. Among them, the law of industrial association is a mark of the establishment of industrial association institution, the administrative law can clarify the nature of industrial association, and the administrative procedure law can provide remedy for industrial association and its members.The conclusion part makes a simply summarization.