The Dominant Position As The Subject Of Economic Law Of Industrial Association In China

Industrial association is a non-profit, non-governmental and self-regulatory organization, which was participated with members and wanted to achieve the goal of common interest. As the social intermediate level subject, industrial association take an important part in our country's economy. Its appearance was complying with the need of economic development and was also lining with the state and society's development trend. Under the circumstances of market and government was double failure, it will not only ease the tense mutual confrontation between government and market after we introduce industrial association to the area of economic adjustment, but also relieve or even eliminate the defects that the failure caused.As the defender for common interest, Industrial association's chief task was solve the common problems that the members confronted. so what's the position it takes in the legal relationships? Once there were two tendencies: First, industrial association has an dominant position in the administrative legal relationships. Second, it has an dominant position in the economic legal relationships. Although the scholars are inclined to the second view, they only choose one of aspects, such as nature or autonomy as the basis to support industrial association's legal position. It appeared to be insufficient and lack of convincing. The right of industrial association was an important guarantee for the dominant position as the subject of economic law. Therefore, it's essential to analyze the right basis of industrial association thoroughly. Under the point, if we establish the nature of this right as collective rights, it will not only protect the member's common interest better, but also prevent industrial association tilt to the subject of administrative law effectively.The author started from the basic concept and definition when she discoursed the subject and adopted this kind of thought: summary of industrial association as the subject of economic law—Establishing of industrial association as the subject of economic law—the exercising and protection of industrial association's right as the subject of economic law--- the analysis about the relationship between industrial association's dominant position as the subject of economic law and some relative subject's status--- the perfection of our country's industrial association as the subject of economic law.