Industry Association Legal Research

The trade associations are an economic-based corporation aggregates, with non-governmental nature, service, public welfare, self-discipline and non-profit and other important features.During the process of development of civil society, the trade associations act as the coordinaters between the macro-and micro-markets in the country, It plays the important roles in the interests of the expression, distribution and social correction etc. From the perspective of economic law, this article describes the main causes why trade associations constitute the legal subject of the economic law,also analyses the interaction between the government, the trade associations and the market.It is pointed out that there are many problems in the current development of China's trade associations,the author put forward the corresponding solutions and hope it is helpful to the trade associations.The article is divided into four chapters:The first chapter introduces the trade associations from the perspective of sectoral laws, contrast the similar concepts, correct the misunderstanding of the trade associations, Combined with China's relevant judicial practice, the article gives the legal interpretations of the concept.Meanwhile, this chapter analysises the limitations of the legal subject in the economic law theory, demonstrates the trade associations are important legal subject.In addition,it also briefly describes the current functions of trade associations and foreign developments, that prepares for the deep discussion in the next.The second chapter mainly discusses the problems of the legal subject location in China's trade associations and proposes the solutions. It is pointed out that the mode of administrative management for the trade associations runs conter to the natural character of the trade associations.This situation exists in the process of the trade association's establishment to exit, which severely limits the independence of the trade associations,restricts its function into full play. Face to this,the author put forward the solution such as'Government decentralization', 'the separation between the government and the trade association'etc.Chapter III consists mainly focus on the internal governance of China's trade association issues, analyses the problems of the missing and alienation of the trade association's internal governance, pointing out that'the trade association law'in the future should regulate the interal governance, reflect the banlance of the powers, while the Constitution should establish an internal governance system, such as democratic elections, conference, question, financial etc,which can ensure the orderly development of trade associations in accordance with law.The fourth chapter discusses the problems of the trade association's 'performing fuctions', which include 'Non-performance of the fuctions' and 'improperly performing the fuctions'.Resolving these problems need to lift the existing development constraints through the Association Law legislation,also through the Economic Law of the finance, taxation and other legal systems, provide material support to the development of the trade associations.bound by the Constitution to strengthen the self-regulation and from the improvement of the'Price Law','Anti-Unfair Competition Law','Anti-Monopoly Law'help the trade associations overcome their own failures and misconductions,so that it can play proper functions. In the end, this article revolves around the difficult theory poin'the liability of economic law'to discusses what legal responsibilities the trade associations should bear.