On Behaviors Restricting Competition Of Trade Association Legal Regulation In China

With the development of China's market economy, trade associations becomes more and more important in the economic life, and play a significant role in overcoming market failure and government failure. Trade associations fulfill its functions as an intermediary organization, and it is great significance of the maintenance for business, industry and the whole society benefits. But behaviors restricting competition of trade association occur frequently in diverse forms, such acts are not conducive for free competition of market, are not conducive for economic efficiency, also are not conducive for protecting the interests of consumers. China's "anti-monopoly law" for behaviors restricting competition of trade association regulation has been greatly improved, but regulatory measures are too general, and operability of the specific legal system hasn't established. Therefore, this article produced in-depth discussion on behaviors restricting competition of trade association legal regulation, the article is four parts in the following:The first part is about behaviors restricting competition of trade association for status and problem analysis. First, illustrate the status for behaviors restricting competition of trade association by two typical cases, then analyze the responsibility of restricting competition, behavioral problems found in nature, and the question of legal liability.The second part is about the theoretical analysis for behaviors restricting competition of trade association legal regulation, perspective the visits from the liberal competition theory, economic efficiency theory and the theory of consumer protection, in order to demonstrate to seek the need for behaviors restricting competition of trade association legal regulation, as well as analyze four kinds of restrictions competitive practices on legal definition, such a fixed-price, group boycotts, information exchange, and standards certification.The third part is about systems to inspect and learn from behaviors restricting competition of trade association of legal rules in foreign. It describes behaviors restricting competition of trade association for illegal evaluation criteria that the per se rule and the principle of reasonableness, and draw behaviors restricting competition of trade association legal regulation for United States, Germany and Japan, then analyze its revelation in China.The fourth part is about perfection for behaviors restricting competition of trade association law regulation in China. To build and improve behaviors restricting competition of trade association legal regulation, mainly from the competition rules with registration and open supervision, management mechanism for trade associations, waiver system for trade associations, and a clear legal liability system, then in order to play a positive role in trade associations in a market economy.