Discussion On Legislation Problems Of Chinese Trade Association During Transformation Period

Trade association is an organization which unites together to achieve the common goal of interest in an industry. Nowaday China is in the period of transformation, so it has great meaning to study on the legislation theory and practices of trade association.This thesis discusses the trade association mainly from the point of legislation and the article is divided into three chapters.Chapter 1 is about the definition and characters of trade association. It firstly enumerates the main definitions of trade association which is typical in China and overseas, then points out the author's understanding of it. After that the thesis makes a comparative study among a few similar definitions, based on the result it sets out a uniform definition about trade association for the further research. Finally it concludes the characters of trade association.Chapter 2 is about the entry system of trade association. It firstly analyses the shortcomings of the existing legislation on it, then brings forward the procedural provision that requires the consent of competent authorities in a field and pertaining to one of such competent authorities to set up a trade association should be abolished and carrying out the register system learning from other countries. At the same time, as to the substantial standards, some progresses should be made by change of legislation to accord with the characters of trade association and to meet the demand of the development of it.Chapter 3 is about the function construction of trade association which is the pivot of this paper. It firstly analyses the two sides of function construction of trade association: system and practice, and points out that the existing trade associations in China have not proper orientation of its function, and their function has not been developed well, especially in the sense of legislation. Then it discusses function of trade association from two parts: the first is about itself, the second is about how to assist with the government. Finally it points out the legal ways to enhance the function construction of trade association: dividing line between the trade association and government, consummating the governance structure of the trade association and giving the trade association the right to sue.