China Industry Association Legislative Studies

Trade association is organized as a kind of non-profitable ,non-governmental and self-discipline community-legal person organization participated by the organizational members for the common interest purpose. The nurture and development of Chinese trade association have acquired great achievements since the beginning of reform and opening up. At present , however , there exists lots of problems in the developing conditions of ?trade association for that Chinese society is in the period of social transition. Therefore , it has very important realistic significance to research the basic theory of trade association and then study the theoretical issues for the legislation of trade association . The paper emphasizes more on the research of trade association from legislative perspective which was argued in four parts by applying such methods as theoretical analysis and comparative generalization comprehensively.The first section, introduction . The present of the issues first. There are many prominent problems for the present China's trade association and one of the resolving pathways to which would impose restriction by means of establishing legislation of trade association . secondly , the research of trade association has such characters as multi-fields ,multi-angles of view,diversified investigation, taking particular cases and institutions seriously but ignoring the mechanism, which was deduced through inspecting the discuss results about it of different academic fields .It is the evaluation of the present study situations . Finally , the paper gives the range of research .The second section ,basic theoretical issues of trade association. The conception of trade association was defined and its specificity , the quality of membership, of occupation ,of self-discipline, of non-government and of non-profit ?,was generalized after comparing some pieces of similar concept before ; then the function of trade association which includes the ones as service,coordination, protection ,communication , participation in government and political affairs, was investigated and the quality of trade association regarded as possessing both public and private laws was inquired in the end.The third section ,the legislative study of the foreign trade association. In this part , the historical changes and legislative conditions of foreign trade association were studied and summarized, ?and some senses was drawn forth in turn comprising ① respecting and implementing the free-right of forming an association for citizens.② the pattern of corporatism has more feasibility than that of pluralism for China on the relation between trade association and government.③ the right of establishing trade regulations of trade association should be standarded by laws.④ the legislation of trade association should start from the actual situations of China , but not copy from others blindly.The last section, inquisition of the legislation of Chinese trade association . First , the present legislative conditions of Chinese trade association was evaluated. Second, the legislative accordance of trade association was inquired from actual and legal perspective . Third, establishing Chinese " Law of Trade Association"was put forward after analysing relevant legislative modes . ?Then the framework of Chinese "Law of Trade Association "was considered and at last three essential issues were discussed consisting of the relationship between law and self-discipline of trade association , government and trade association , members and trade association .To sum up, legislative organ should perform legislative restriction to trade association according to Chinese actual situations on the basis of integrating foreign advanced experiences , which would be a piece of complex project. Having suitable laws to reference, whatever , ?provides a kind of good institutional basis for trade association to perform its function fully .