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On The Legal Nature And Regulation Of Professional Organizations

Posted on:2004-04-08Degree:MasterType:Thesis
Country:ChinaCandidate:L Q YaoFull Text:PDF
GTID:2156360122985161Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The professional organization is a hot topic in 2002. The scholars had different opinions on professional organization, but few of them analyses from the angle of jurisprudence. The intention of this dissertation is to analysis the legal nature, function and relationship as a legal problem on the basis of the study of economists and sociologists. It also analyses how to regulate the professional organizations and gives suggestions on how to establish and perfect the legal system of professional organizations. As to the study method, this dissertation combines economics, social logy and jurisprudence frames to discuss the professional origination system deeply and completely. The basis opinion of this dissertation is that the professional organization is a civil self-governance origination established by the vulnerable market objects voluntarily. This dissertation has five chapters and 35,000 words.The foreword demonstrates all kinds of opinions on the professional origination and illustrates the study thinking of this dissertation.The first chapter introduces the fundamental problems of third sector, such as the formation, characteristics and category, which is the basis of the following discussion. The second chapter discusses the nature of professional origination from the angle of law. The emerging of the professional originations is the results of the vulnerable market objectives organize to realize self-management, self-protection and self-remedy. The functions of professional organizations are inside integration and outside representative. The self-discipline power of the professional organization results from the conclusion of the second "social agreement". This kind of social self-governance power has the characteristics of public power and private rights. As to the legal nature, the market objects not by the state or the private establish the professional organization. The professional organization has the social power, not the public power nor the private right. Therefore, the professional organization is a new legal person----social legal person, which differs from public legal person and private legal person. As to the member of the professional organization, the contents of the legal relationship of the professional organization are the right to join the organization and the obligation to comply in the assignment of the organization. The professional organization has the collective right, through which the professional organization can realize the interests of members in the name of them. The third chapter discusses the situation of China professional organizations. China professional organization has two ways to form, which depends on the interference of the government. This chapter also analyses the positive and negative aspects of the professional organization. The fourth chapter gives suggestion on how to perfect China professional organization system from the aspects of system reform and legal regulation. It designs the plan to regulate the professional organizations, which includes social organization fundamental law, professional origination law and other relevant law and regulations.
Keywords/Search Tags:Professional organization, The third sector, Inside integration, Outside representative, Collective right, Social legal person
PDF Full Text Request
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