The Analysis Of Chinese Trade Association Participating In Administrative Litigation

Under the background of market failure and government invalidity, many social intermediate organizations emerge. The role of these organizations is to make up the limitation of market and government. As the representative of social intermediate organization —Chinese trade association, lies between government and market. On the one hand, Chinese trade association should be supervised by government. On the another hand, the power of public management has been entrusted to Chinese trade association. No matter what the power of public management or power of autonomy, they will effect the people's rights. Chinese trade association has plaintiff qualification in administrative litigation in order to supervise the behaviors of government. It could also be the defendant in administrative litigation in order to protect the rights of members.The paper is divided by four chapters.Chapter one introduces basic theory of Chinese trade association, including the definition, the character, its origin and development. We know the legal character of association is a juridical association which different from administrative organizations. We believe the trend that Chinese trade association will depart from government.Chapter two demonstrates the legal relations among the Chinese trade association and government or market. Chinese trade association is between the government and market. It has different dentities. Firstly, it accepts the supervision from government, so the administrative law relation forms. Secondly, they have civil law relation and other relation. At the same time, administrative law relation and civil law relation also happen between Chinese trade association and its members. On the basis of power of autonomy, the law relation about autonomy happens between them.Chapter three puts forward reasons for Chinese trade association to participate in administrative litigation from two angles. Firstly, there are three ways to monitor the Chinese trade association's behavior relating to power. They are legislative supervision, administrative supervision and association inner supervision. There are also many ways except litigation for Chinese trade association to get relief. Secondly, the paper introduces administrative litigation for association and its members on supervision orrelief.Chapter four focuses on the role of Chinese trade association in administrative litigation. As the private party, Chinese trade association has plaintiff qualification in administrative litigation. On the basis of the theory of litigation undertaking, it could also participate in administrative litigation. On the other side, Chinese trade association could be pleaded because its behavior infract the members' rights and interests.