The Investigation Of Difficult Position And Legal Resolution In The Power Operation Of The Civil Chamber Of Commerce In China

Chamber of Commerce of the intermediate organizations are in the market mechanism with government regulation and control mechanisms existing under the situation of failure, it appears to make up for a better market and government regulation and control mechanisms in the defects. The power of Chamber of Commerce is the power that should be enjoyed in work ,and the power is the governance ability that use its own resources to control the internal members of Chamber and other market members. Its essence is a kind of social power, which is different from the traditional authority, commonly known as the fourth power. On the one hand, the power to contribute to the healthy development of Chambers of Commerce, can also serve the market and the government well.This article is divided into four parts to be described, the main contents of a four-part chapter are summarized below,The first chapter,The author analyze the relevant thoery of the power of the Chamber of Commerce on the main analysis of the meaning of the Chamber of Commerce, the necessity of its existence and the contents of chambers of commerce power.Chapter II, through interviewing the staff from the various civil Chamber of Commerce,the author get the first-hand information and analyze information effective ly, so as to come to the civilchambers of commerce in the exercise of power that exist in the plight in China. Chamber of Commerce is mainly expressed in the nature of ambiguity, easy to be managed by the various governmental departments ; be lack of a complete system of self-government powers; Chamber of Commerce insufficient financial resources; Chamber of Commerce's own organization and procedure imperfect; Chamber of Commerce is influenced by the power of public authority and so on.Chapter III, an analysis of the existence of the current plight of the causes of the civil Chamber of Commerce. The main causes are: 1, from the community to see the deep-seated reasons: First of all, in the history of agriculture in China there has been suppressing the existence of traditional business, the commodity economy has not been fully developed, and therefore the society do not form a mature business culture, the status of merchants and values have not been given due respect; Secondly, the executive power in our country has been the dominant country, the weak social power, which is not conducive to the health of Chamber of Commerce to run its own power;2, from a practical point of view: First of all, there are lack of the specialized act on the Chamber of Commerce in China; Secondly, in the economic structure in China state-owned economy in the dominant position, they have a strong voice, it is the state-owned economy of the industry-led association of more natural the right to speak; and mainly composed of small and medium-sized non-governmental voluntary associations the right to speak is not respected, a direct result of non-governmental chamber of commerce power can not be healthy; lastly, Chamber of Commerce have not sufficient inspiration and motivation to cxecute its own power.Chapter IV, the author is from the following legal responses:1,the Chamber of Commerce to develop specialized law, so as to better establish the Chamber of Commerce of the nature, status, functions and powers of the border and so on;2,Chamber of Commerce in the internal organization and in the conduct of the exercise of power should take the path of institutionalization;3,the Government power and the power of the Chamber of Commerce should be independent mutually and set up a relationship of mutual supervision through the formal regulation in order to enable the Government to carry out effective management and also realize its self—regulation of the Chamber.4,Chambers of Commerce should be strengthened self-displine,and receive the outer-discipline which can better safeguard the healthy operation of its power.