Legal Status Of The Trade Association Of China Research

As Chinese economy market system have continuous improvement, the rapid development of all walks of life, as well as the need for building service-oriented government, the number of trade associations in China are also increasing. Industry association as a social intermediary organizations, under the premise of public interest in maintaining an active public service for internal members to carry out self-discipline management, which are consistent with the objective needs of economic development, but also to meet the realization of democracy, human rights, the subjective requirement. However, the development status of Chinese trade associations are not optimistic, most of the trade associations or Christians have their tables, in practice both the lack of effective management of the industry can not provide quality services for the general membership; or to become a "second government ",and become the mouthpiece of the government and the Government's interest, a firm defender, thereby ignoring the nature of his functions as a trade association. This directly led to the nature of Chinese current trade association is unknown, the role of dislocation. Although in recent years we have also seen that some industry associations to assist its members to participate in the international arena within the anti-dumping lawsuits and achieved some success, but this is an isolated phenomenon. On the whole, our industry associations to provide services to its members was too small, or the willingness to provide services not very strong, far stronger and larger companies can not satisfy the industry and healthy development of the real needs.The internal reasons are the generation mechanism of Chinese trade association and operation mechanism is not independent, imperfect; within the rights of members of the lack of effective means of relief. An external reason is the trade association of the nature, status, lack of legal right, a unified position; industry associations to run the lack of effective supervision.This article focuses on the problem above, study the concept,nature, the existing legal provisions, and operational mechanism of the generation of trade associations , trying to give most of the trade association private law of equal status, strengthen industrial self-government; perfect the supervision of the industry associations and the angle of the internal members of the relief mechanism to provide ideas to solve the problem. This paper is divided into three parts:Part 1:The general inspection of associations.Details include:(1)the concept of industry association. The scholars generally believed that the main industry association as a private main body to participate in public management, protection and promotion of all members of the reasonable and lawful interests of the organization. (2) the nature of the industry association. The nature of the industry associations include: non-profit, mutual benefit, voluntary, mediating a number of special cases of a dual nature. (3) The trade association functions. Industry associations play a major role in the current reflected in the management of industry self-regulation; supply services to the internal members; supervise the industry; acting as the medium between government and business, business and business.Part 2:The legal status of Chinese trade association.Details include(1)the legal status of Chinese trade association in law.There are some differences between central and local government on the nature of trade association.Central government basically admitted that trade association composed by various industry independent of the government to perform its duties,but some local government would take trade association as their own management,the interests of the tools,emphasize the trade association was a subsidiary body as a government funtion.The provisions of the trade association in law were non-uniform caused some problems which in the operation of Chinese trade associations.(2) The legal status of our trade association in reality performance.We divide our trade association into two categories:the exeactive-dominated trade association and autonomous trade association.the differences between the rights and obligation caused the autonomous trade association into an extremely weak,lack of development space and the potential.(3)The problem which caused by the existing legal status.many times we take the trade association as the tool for the government,ignoring its independent status of private law, leading industry associations in the actual operation, regardless of which there is political will, legislation does not sound, lack of supervision, internal members of the lack of relief channels and so on, waiting for us to resolve.Part 3:The solution for the problems which related to the legal position of Chinese trade associations.Through above analysis, it is necessary to give the assosiations independent status of private law,and on this basis,pose some solutions to resolve the problem.Specific reference to(1)promote our industry associations transform to the independent status.Foreign trade associations provide us with good experience,industry associations and the orderly operation of the healthy development will inevitably require trade associations and the Government is an equal relationship, trade associations, is a civil private law, under normal subjects. (2)how to standardize trade associations when thay become administrative body.It is undeniable that some associations could become administrative body by our law.The key is in this case,how to control and supervise such a number of trade associations,to protect its internal and external members of the legitimate rights.