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A Study On The Trade Association Of China From The Perspective Of Economic Law

Posted on:2009-07-23Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhaoFull Text:PDF
GTID:2166360245987792Subject:Economic Law
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Along with the deepening of economic restructuring, the concern on the trade association has become increasingly prominent. In the academic area, the trade association has become an independent study. Many scholars from economics, sociology, law have studied some problems of the trade association such as the creation, development, and mechanisms. Through the observation of the research status of the trade association in the field of law, current results still can not fully meet the theory requirements of the trade association's development. These theories are the basis of a deeper research on the trade association. At the same time, hey can enrich the basic law theories.Based on the theory of economic law as well as the status quo of the trade association.This article has studied many issues in the perspective of economic law. On the one hand, using basic theory of economic law to guide the accurate position of the trade association, straight out related issues on the design of organization function and self-regulatory mechanism and prevent the negative function with systems. On the other hand, the related research on the trade association can enrich the basic theory of economic law, for example, the realization of economic law function and the expansion of the economic law order.The author affirms the design of organization function and self-regulatory mechanism and puts forward some recommendations for the realization of the positive function. Specific content is as follows. On the basis of study of the trade association's formation , the characteristics and the related concepts, the first chapter clearly defines China's modern trade association's connotation and extension and proposes that the trade association is an independent, non-profit intermediary Corporation for the purpose to promote the interests of industry.The second chapter makes detailed analysis of the trade association's legal status.The theory circle continuously disputes which department the trade association should be included. The resolvation has an important theoretical and practical significance for the development and the legislature.Because of the responsibility of its coordinating micro and macro-control,the aim of protecting the economy and preventing economic development disharmony as well as the embodiment of the nature of economic law,this charpter points out that the trade association should be included in the main areas of economic law.Taking the organization function as the starting point and with an extension to the self-discipline mechanism building, the third and four chapters discuss the positive functions of the trade association and its value towards the theory of economic law .This part points out that the service function, coordination function and self-discipline function can overcome market failure and government failure and are a useful supplement to the market and government functions. Their role in the coordination of individual interests and the public interests can not be ignored.They can contribute to the realization of economic law function. At the same time, the value of the pursuit of the public interests embodied in the self-regulatory mechanism reflects the the affinity between the trade association's self-regulation and economic law order. In the perspective of the trade association's negative function, the fifth charpter analysis anti-monopoly law's regulation of the trade association's behaviors of restricting competition and put forward that we should improve the anti-monopoly law's implementation details and the unite trade association law as soon as possible as the inevitable path to govern the trade association's negative function.
Keywords/Search Tags:subject of economic law, function of the trade association, self-discipline mechanism, restrict competition
PDF Full Text Request
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