On The Consummation Of Legal Status Of The Guild

Along with our country social economy development, guild's starting has become inevitably the potential with the development, however in fact, as a result of the history and the system and so on many aspects reasons, the our country guild biggest characteristic is has "two governments", relies on oversized to the government, the independency is not strong; One of most prominent questions is the guild's legal status is not clear about. Therefore is clear about the guild the legal status to become immediately an urgent duty. This article in at present develops the condition to our country guild to carry on the actual inspection and in the ponder foundation, has carried on the limits and to the guild's legal status proves to the correlation question. Finally makes the following limits to the guild's legal status: The guild is independent the social group legal people in the civil legal relationship which has the independent civil main body qualifications to the government and the enterprise; In administration legal relationship because the legal laws and regulations authorization or the regulation have the public management authority, the guild is at the administrative main body position, however is opposite to government's management guild has is at position of the administrative relative person.The first chapter is comes the thousandth of a Yuan clear our country guild from the Chinese and foreign guild 's concept the concept and the characteristic, and there search profession association as well as produces in the center west production and the development course with the development reason。The second chapter is carries out official duties the civil law angle and legal person's angle limits our country guild status is public and private is compatible namely the social group legal people which has the independent civil main body qualifications in the civil legal relationship; On the one hand obeys control the national sovereignty in the administration legal relationship, is at position of the administrative relative person; On the other hand entrusts with in the within the job duty in the law, is at position of the administrative main body, members of regarding the constitution profession association, because of exercises the civil rights which its legal laws and regulations authorization or the regulation entrusts with, therefore the guild is at the administrative main body position. Finally analyzes between the item guild and the government and member's relations.The third chapter emphatically from the guild took the civil main body, the administrative main body and the administrative relative person have right and duty.Fourth, V, mainly on industry associations in social life, the existing laws and regulations on the status of guild, as well as with the government, the relationship between enterprises. Then present a complete set of trade associations and the views of the Legislative focus on criticizing the government department in charge of industry and trade associations on the dual management system, In the analysis of the reasons for the present situation on the basis of, and improve the relevant laws, changes to the existing "guild management Registration Ordinance" and clear trade associations, and government and corporate relations. perfect the legal status of the Association.