On Legal Guarantee And Regulation Of Public Management Power's Execution Of Industrial Organization

Chapter One the Meaning and Range of Industrial OrganizationThe writer takes industrial organization as autonomous organization which under reasonable and supervise to this industry by major groups of same business that regional to be certainty. It can be sort into two categories of industrial organization which composed by organization and natural person according to their membership's identity\statue differential.We put our country's industrial organization into two categories on the basis of internal members'major group distinction: Business\professional and industrial association. They are a component organization by natural person pursuing the same occupations. For instance, bar association,association of surgeons,institute of accountants and so on. Industrial organization is a team which is consisted of the same occupation productive and operative enterprise. Such as rubber and color TV association etc..Our country's industrial group assumed this kind of characteristic\feature: In the first place, a quantity of industrial organization,rapid self-development, nevertheless, relevant legislation of industrial organization lack and slow process. Second, industrial organization's position blurring tends to"Administrative". In the last place, it's"congenitally deficient naturally"also exists lacking of mechanism.Chapter Two Public Work Manage Authority of Industrial OrganizationsThe origin of industrial organization and public management is: Firstly, consensus of internal members from industrial organization. Secondly, industrial organization's public management right is from legally empowered. Thirdly, it is also from commission by Government.The content of industrial organization's public management right generally includes articles of industrial organization and power to set the rules. Industrial organization possesses certain power of sanction and dispute settlement\resolution. Review and approval to the qualification of relevant industry access in accordance with legal procedures. A standard of relevant industry access, profession's code of conduct, product and service qualified and engineering verification should be draft.Industrial organization and government show their trends towards relationship like this: Relationship to manage or to be managed exists in this way. In another word, it is a relationship between monitoring and supervision to a certain extent. They are mutual restraint and assistance. Therefore the"sphere of influence"of them should be divided as thus: Government must to take charge of supervise industrial organization. So it should be more normative. It should be vast rather than nuanced. Government has the responsibility for general direction of the development of industrial organization via providing guidance and good external environment. However, industrial organization should be full autonomous in internal affairs. It might be non-interference if only be legal and adhere the fundamental policy.For industrial organization'administrative rights could be understood: the first identity of industrial organization is a private party to the administrative behaviors. By law, the second identity of it is administrative body which has the right of administrative management. And it is necessary to make it by law and regulation.To civil law and common law countries regarding to rules of the legal status of industrial organization, we find two choices of legal status to solve the industrial organization when exercising the rights of public management. Establishing the principles of so-called public legal personality and classify the industrial organization into the category of public legal personality to make sure the dominate position of its administrative law. Otherwise, it can be judged the position of administrative law of the industrial organization by the property of exercised rights of industry. Based on the Chinese situation, the author suggested it is more reasonable of the second method. In addition, It is a more convenient and practical choice.Chapter Three Public Work Manage Authority of Industrial OrganizationsThe origin of industrial organization and public management is: Firstly, consensus of internal members from industrial organization. Secondly, industrial organization's public management right is from legally empowered. Thirdly, it is also from commission by Government.The content of industrial organization's public management right generally includes articles of industrial organization and power to set the rules. Industrial organization possesses certain power of sanction and dispute settlement\resolution. Review and approval to the qualification of relevant industry access in accordance with legal procedures. A standard of relevant industry access, profession's code of conduct, product and service qualified and engineering verification should be draft. Industrial organization and government show their trends towards relationship like this: Relationship to manage or to be managed exists in this way. In another word, it is a relationship between monitoring and supervision to a certain extent. They are mutual restraint and assistance. Therefore the"sphere of influence"of them should be divided as thus: Government must to take charge of supervise industrial organization. So it should be more normative. It should be vast rather than nuanced. Government has the responsibility for general direction of the development of industrial organization via providing guidance and good external environment. However, industrial organization should be full autonomous in internal affairs. It might be non-interference if only be legal and adhere the fundamental policy.For industrial organization'administrative rights could be understood: the first identity of industrial organization is a private party to the administrative behaviors. By law, the second identity of it is administrative body which has the right of administrative management. And it is necessary to make it by law and regulation.To civil law and common law countries regarding to rules of the legal status of industrial organization, we find two choices of legal status to solve the industrial organization when exercising the rights of public management. Establishing the principles of so-called public legal personality and classify the industrial organization into the category of public legal personality to make sure the dominate position of its administrative law. Otherwise, it can be judged the position of administrative law of the industrial organization by the property of exercised rights of industry. Based on the Chinese situation, the author suggested it is more reasonable of the second method. In addition, It is a more convenient and practical choice.Chapter Four Regulation of Rights of Industrial Organization and Public ManagementThe reason why it legally regulates the right of industrial organization and public management is: The possible attributes what power are innate being abused. The industry organization innate attributes which is consensus either. The scientific lacking of existing operation supervised and regulation system.Our country's current situation of legally regulate to right of industrial organization and public management is: industrial organization keeps its dependence from government. Legislation of legal status and liabilities regarding to industrial organization is short of sufficient and ambiguous. Moreover, industrial organization's rules lack operability. Plus a single channel of dispute and remedy.The assumption about system to legally regulate to right of industrial organization and public management is: For one thing, industrial organization constantly improves their own structure containing its administrative legal identity and status defined tangible. As industrial organization, the"constitutional"statute regulation and the operation as a matter of routine and inner member'monitoring mechanisms standardization. For another, supervise operation of the rights of industrial organization management involves: Confirmation of its legal status and making defined by law norms ( the making of general conduct guidelines of operation ) and the law improving of remedy channel to the legal rights of industrial organization and public management.