The Study Of The Dominant Position Of Industry Association In The Economic Law

In the modern market economy countries, industry association on behalf of community is booming. Industry association is a kind of social groups organized by government or spontaneously for operators or enterprises in order to maintain and coordinate common interest; its emergence is the need of economic development and has the historical rationality. The rise and development of industry association will greatly enrich and perfect theory research and system construction of the economic law. Industry association is an important subject of economic law, to its research should be a necessary requirement to deepen economic law theory, as well as improve the logical extension of economic law system. The author puts the legal status of industry association in the core issue, tries to establish and safeguard our industry association as dominant position of the economic law, so as to promote its development in practice, and exert its remedy "market malfunction " and "government malfunction " dual defects of the positive role.This article, establishing industry association becomes dominant position of economic law as the core, is divided into four parts:The first part introduces the theory of subject of the economic law and present research of the legal status of industry association. In the previous study of economic law theory, the subject vacancy is an important obstruct, and also an important argument to question the independence of economic law. To sort out and perfect the theory of subject of the economic law, there are theory value and practical significance. At present research on the theory of subject of the economic law mainly focus on subject of the economic law's definition, characteristics, classification and system construction, as well as dominant qualification of economic law's obtain, change and elimination and so on. During researches of the legal status of industry association, many of them don't consider our country's actual situation and the special role which industry association played in the process of China's economic system reform, many scholars only pays great attention to the relationship between industry association and the government, enterprises, and other industry association, majority studies industry association as the controlled main body, only concerned with its obligations, while ignoring its rights (power).The second part analysis and states subject of the economic law's constituent elements. Although social natural people and social organization has its objective existence, its legal status is not innate, must do the value judgment by ruling class to acknowledge in the form of law, then it is legally. The particularity of subject of the economic law lies in that economic law establishes the main system has a special perspective, namely focuses on economical operation reality and legal abstract induction technology. Due to opposition between the power and the right, as well as modulation power highlighting, subject of the economic law may be divided into the subject of modulation and the modulation acceptor. To become the subject of modulation in the economic law, four elements, organizational elements, authority ability, behavior ability, and responsibility ability, must possess.The third part is theoretical basis on industry association as economic law's subject of modulation. Industry association's features are non-profit and self-discipline, democratic equality, independence and so on. Industry association meets the requirements of subject of modulation, namely possessing four elements----organizational elements, authority ability, behavior ability, and responsibility ability; moreover its function can help to realize the task of economic law, conform to the purpose of economic law, reflect economic law's social standard principles, economic democracy principle, and economic efficiency principle. Therefore, industry association is suitable to as economic law's subject of modulation.The fourth part is legislative proposals on establishment our industry association's dominant position of economic law. At present, the relationship between our country industry association and government or enterprises is chaotic, the law stress on management and constraints to industry association, lack of the right (power) requirements, the blank of relief way cause industry association lacking of procedural protection. Therefore, in order to establish our industry association's dominant position of economic law, it must straighten out the relationship between our country industry association and government or enterprises, endow industry association with specific modulation power, offer a variety of channels for industry association to practice modulation power, establish and perfect relief system of industry association's modulation power.