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Research On The Legal Position Of Trade Association As The Main Part Of Economic Law

Posted on:2006-07-27Degree:MasterType:Thesis
Country:ChinaCandidate:M HeFull Text:PDF
GTID:2166360155961220Subject:Economic Law
Abstract/Summary:PDF Full Text Request
In our country,the origin of trade association can be traced back to Spring-Autumn time, acting on the man's nature of mutual aid and cooperation, trade association continues to exist by different nature and function, and it developed and grew in strength gradually. In our country, as an organization, which the dealers participate in managing with market. The apperance of trade association is based on the objective need for the new main part of economic law, which on the background of the failure of the function of government and the return of the value of market.The appearance of trade association put forward challenge to the traditional theory of economic law, especially to the system of the main part of economic law. On the one hand, trade association represents or assists government in managing society in order to keep the public order, on the other hand , it forms supervisory power for government on behalf of social members. Owing to that, both the function of remedy and the nature of seeking for the economic democracy reveal the character of trade association as the main part of economic law.Owing to the background of its birth and the attitude of government ,the legal position of trade association has no definite location in reality. This fact not only makes trade association rely on government excessively, but also impedes the normal development of trade association because of lacking vigour and the capacity for developing. Therefore ,it is very necessary of drawing on the experience of foreign countries such as America, German and Japan,etc,in which the development of trade association is relatively mature.Besides that, it is also very necessary of rebuilding the lagal position of trade association in our country.As the necessary organization in the system of market economy,trade association plays various parts in reality. On the one hand,trade association and government support each other and supervise each other,on the other hand , trade association and its members form the relation of self-regulation between the main part and its objects. Besides that, among trade associations also existing the relation of cooperation and coordination on the base of respecting each other. By defining the relation between trade association and some relative beneficial main parts,we can know the independence of trade association,which can guarantee trade association to bring into playing its own function more better.As the main part of economic law,the legal position of trade association can be revealed from its special value in the operating system of economic law.Therefore, the economic autonomy right,the system of governing and the basic function will impel economic law from the form of regulation to the form of order. As a kind of safeguard and regulation for the whole social benefit,all of these coincide with the destination of economic law,through their mutual aid and cooperation to realize the destination of economic law.With the flourishing of the modern social organizations,the research of trade association is not only the necessary need for deepening of the theory of economic law,but also the logical extension for perfecting the system of economic law. Observing the fact of research in foreign countries,the research of our own lags behind and immature. Making research of the legal position as the main part from the standpoint of economic law, analyzing the legal relation between trade association and its members and government,setting up rights and obligations for trade association to operating normally ,till providing some suggestions for legislation. The aim of the author attempts to enrich and broden the theory of economic law,regulating and inducting trade association to perform efficiently in reality by choosing this topic.
Keywords/Search Tags:trade association, economic law, the main part, legal position
PDF Full Text Request
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