Industry Organizations Punishment Research

Since the 1970s, with the trend of public administration reform and the development of participation system democracy across the globe, state administration has been contracting while social autonomy expending. In China, it is an inevitable choice for the governmental administration to give up some more room to both the market and society. Following government and enterprise, social autonomy plays an increasingly important role in the development of the country and society. Especially, farmers' autonomy, self-management of professional associations, and autonomy of public advanced schools have attracted more and more attention from society and academic circles. The expected influence of professional association and profession association takes the leading place. Actually, professional association, however, is far from maturity.The social transition in China, has resulted in a variety of profession associations with distinguished characteristics compared with their western counterparts. Consequently, an important legal problem appears in front of us, namely, the association's punishment. Considering the damages caused by profession associations to the interests of citizens and legal persons, neither does the Chinese judicial theories clear out the nature of profession associations, nor does the legal practice supply speedy and effective remedies. Within domestic and overseas academic circles, contract theory,the inherent right of the professional association theory,and the authorization from the state theory cannot elaborate the nature of association's punishment correctly.To begin with the current situation of professional associations in China, this article will introduce an issue--association's punishment; analyze the definition of professional association and association's punishment, elaborate the theoretical origin and conditions; furthermore, analyze the nature and the feature of association's punishment in China; point out the differences between association's punishment and contractual breach and administrative punishments; finally, put forward some thoughts about regulating association's punishment. Part one outlines the history and development of professional association and its changes. I give the definition of professional association: it is a not-for-profit social association which consists of citizens, legal persons and other organs on the basis of common interests, and which operates professional administration. It consists two types of associations: profession association in the economic region and professional association. Then this article analyzes the characteristics of professional association: like profession, intermediary, not-for-profit, for-public-interest, autonomy. That makes good preparation for the following discussion.Part two discusses the concept, nature and feature of association's punishment. The author makes the definition and category for the association's punishment: then analyzes domestic and overseas researches on the nature of association's punishment, then refers to the knowledge of the. Chinese legal circles on this subject, and finally draws a conclusion--the quasi-public power of the combined public power and private power. The author concludes the feature and distinguishes association's punishment from contractual breach and administrative punishment..Part three discusses the theoretical conditions and the justice of association's punishment. This part firstly analyzes the theoretical conditions for association's punishment—special power theory and its defects; then the author analyzes its justice from three different aspects, namely, the social law nature of profession association rules, creation of association's punishment is the demand of a "duty society", and association's punishment is the combination of public power and private power.Part four touches the legal regulation in the association's punishment in China. The author believes that there are some problems in China's current association's punishment. We should set up a scientific balancing mechanism for the association's punishment from the setting of the association's punishment(legislation), the implementation of the association's punishment(administration), and the protection of the association's punishment (legal practices).