Trade Association Of China Independence

The Trade Association takes one kind of middle organization which is the production of the market economy and the social democracy. The market economy is more developed, the social division of labor is more refinement, the Trade Association's status and the function are more prominent. Along with the reform unceasingly thorough, each kind of Trade Association's rapidly expand has become the inevitable trend. But compares with the other developed marketing country, our country's Trade Association was still at the primary development phase, Its further development needs to choose the theory and the pattern which adapts to the Chinese national condition. Therefore under the market economy condition, particularly under the economical reformation and the government functions transform, the research of trade association has the important theory significance, mainly lies in provides a reliable system for the Trade Association, causes it develop healthy by law track.This article's research mentality: First analyze the trade association's concept thoroughly, clear about its independent legal status and the legal nature; Next analyzes the necessity of the trade association independent operation from economy, politics, law and so on; Analyzes the barrier of our country's Trade Association independent, through compare foreign profession association pattern to choice our country's pattern; Finally from the law consummates, organization government, function localization and so on to elaborate the trade association independent operation.This article uses the research technique which the fundamental research and the empirical study unify, with the economical constitution, the new system economic, the reforming economic, the legal science and other related discipline, mainly utilize economical constitution's principles to analyze the question.The full text divides into five parts, according to the legal concept analysis - legal nature localization - law characteristic induction - independent necessity proof - real diagnosis barrier analysis - foreign country experience to launch the elaboration.The first part, first introduced the trade association's economic concept and the legal concept, summarized own view; Next according to the public and private legal person's classification analyzed the trade association's separate legal entity status; And then selectively analyze trade association's five legal characteristics, this is also the foundation of later words; Finally elaborated simply the profession association's function from the intermediate level theory's angle, which is mainly the intermediary function.The second part, from the economy, politics, the law and historical has proven the trade association independent operation's necessity and the value separately. From the economical angle that our country's modern management system is forming, regardless of needs from enterprise own development or from the trade management angle, the trade association is the socialist market economy system's important component. The trade association is not only the enterprise benefit spokesman, is also coordinated the contradiction between enterprises, its independent operation will be the third kind of choice which make up the government to regulate the market malfunction. From the law angle, the trade association's independent operation has the extremely high constitutional government value regarding the country social structure as well as the enterprise and government's relations. From the society's angle, that the profession association's independent operation is the social intermediate level theory's practice. From government's angle that the trade association independent operation is the need of the government functions transform, simultaneously is advantageous to the promotion "the small government, the big society". This part has provided the theory support for the profession association independent operation's suggestion.The third part introduced simply our country Trade Association's restoration, has discussed the trade association's independent development difficult position and the barrier. Separately has carried on the analysis from the government and the trade association's angle, has drawn the following conclusion: The angle government operated trade association which manages from the government operates the pan-administration; From trade association's angle folk trade association self building insufficiency.The fourth part inspected American, Japanese, Germany's trade association development model emphatically, Compared with US's horizontal pattern, Japan's officials pattern as well as between Germany's vertical pattern, recombine our country's actual situation, the selection available place provides for the following system design uses for reference.The last part establish in foundation that analyze our country Trade Association's flaw and in the foreign successful experience, from the consummation legal framework, the advancement government reform, speed up internal construct and take outside supervision, put forward the proposal to Our country Trade Association independent operation's system construction.