The Research On The Sanction Power Of Trade Association

As a principle part of economic law, trade association is not only a fundamental power of society, but also the outcome of the development of the relationship between government and market, country and society. Along with the development of economy and society, trade association has gained more and more attention. Trade association should be provided with independent will which does not rely on the power of government. Trade association having the power of sanction ensure the implementation of its will, it also represents trade association's independent personality.The sanction power of trade association is that trade association could possibly punish a deserving object as a punisher. The sanction power of trade association comes from three sources: the first is directly from government power, the second is from the prescript of laws and the third is from the contract of members. As for its character, the sanction power of trade association is an intermixture of public power and private right. The sanction power of trade association should go towards a compensatory power but not a compulsive power. The sanction power system of trade association can be sorted into three kinds: reputation sanction power, finance sanction power and qualification sanction power.The implementation of the sanction power of trade association is a dynamic process that the static state of an opportunity or possibility is transferred into a realistic compulsion. This process will be affected by country, society and the internal management mode of trade association. At the same time, although the sanction power of trade association is an intermixture of public power and private right, which is different from the state power, it is also possible that the sanction power of trade association can be abused or misused. Thus, it is necessary to restrict or control the sanction power of trade association. The relief of the sanction power of trade association is a repair measure and process which will be undertaken for the sanctioned object, in case that the sanction power of trade association has been abused or misused. Implementation- control and relief has formed a system in logic, which is the complete running process of the sanction power of trade association.As a typical trade association, Banking Association will play a more and more important role in China's financial field; it is becoming a very important subject in financial market. In now days, the sanction power of Banking Association can be sorted into two kinds: legal and non-legal. Various Banking Associations have different types of sanction; the ways of implementation, control and relief are different. The sanction power of China Banking Association has its legal difficulties and its way out. Legal difficulties include the jam of validity and gist. There are two ways out: the one is for the lacking of gist, the other is for the absence of implementation.