On Administrative Law's Regulation Of Trade Association

Since the eighties of the last century, China's trade association has been recovered and developing great rapidly. It plays an increasingly important role in promoting economic development and fostering social forces. But compared to the inherent requirement of the development of the market economy, trade association at this stage in our country, still exists some problems such as indefinite on it's own position, inadequate on the rule of law, narrow coverage, the management system not running smoothly and irrational structure, irregular behavior, lack of the right to relief and so on. Therefore, the theoretical study for industry associations, not only have great significance to improve the management system of China's trade associations and to promote the healthy and rapid development of industry associations, but also have very important theoretical and practical guiding significance of building socialist market economic system, of improving democratic political system and of building of a harmonious society in our country.In this paper, author analyzed the problems existed in development of trade association from both concept and legal system aspects which influenced the development of trade association in our country. At this stage, in order to promote the healthy development of trade association, both concept and legal system about trade association should be changed. From the point of view on changing concept, government should re-recognize it's own function, changing from the management-oriented government to service-oriented government, and continue to deepen reform of the administrative management system. From the perspective of industry association, it should re-position itself, playing its special social functions. Improving legal system is to confirm the eligibility status of the trade association on the legal system level, clearly define the functions between trade association and government by law, Regulate the exercise of their powers. In this paper, the main content is to explore the necessity and feasibility of regulation of trade association by administrative law in theory, the methods and content which the regulations of trade association carried out by administrative law. This paper studies thought that the premise that administrative law regulate the activities of trade association is to re-position itself by the nature of trade association, to clearly define the function limits between the government and the trade association in order to create a relatively free space for the development of trade association. On this basis, according to the special power relation theory, The administrative law can limitedly regulate the exercise of power in public administration of trade association. Only this way, can promote the healthy and rapid development of trade association and safeguard the legitimate interests of the relevant mains.