On The Legal Status Of The Trade Association Of China

After China entried WTO, Chinese enterprises are facing more dumping allegations, From household goods to pharmaceuticals, from electrical to chemical materials, expanding the scope of the defendant. Nonetheless, a few wins and many losses consistently failed to reverse the situation. I believe that the failure of these trade associations -- the Chinese still lack power in the middle of this. In sharp contrast with this, in December 2005, in Shenzhen's furniture industry associations to promote efforts substantial support and assistance, furniture enterprises in Shenzhen won the dumping allegations victory. This fully shows that the foreign trade and economic trade associations can play a role not to be ignored. Moreover, the domestic aspect and our country is the lack of industry associations on the scene. Most trade associations only "transmit messages" intermediary. Most trade associations and even maintained by the previous government departments from the restructuring mode by many experts as the "second government", but in China, directly linked to the government and enterprises are willing to please, reluctant to spend their valuable time on the trade.Face such a situation, many reasons, trade associations function in place mainly from the nature of trade associations, added and there is no rule to follow. The various types of industry associations in China, and trade associations generated by the system continues to occupy it. This is a voluntary self-regulation itself is inconsistent with the trade associations, and this makes the production of the model in terms of trade associations or offside on the play, or lack of, difficult to find their proper place.In today's increasingly the rule of law, we must also be discounted by the trade associations actors in the areas of laws and regulations. I believe that industry associations to meet the public and social development, a "market failure" and the "government failure" dual problem, the "Second Contract" the powers conferred by the principal, but also plays a significant role in safeguarding the interests of the community. In reality this origin and nature of the emerging Economic fully fit. Certainly understandable to become one of the main body of the Economic Law. Economic Law faced as a public-private hybrid Law, the complexity involved in a variety of the main theories, I believe that trade associations should not bear the stigma of the executive branch, should not be made to the government and its executive organs of authority from trade associations, and government and corporate relations, said the main belongs to the middle social strata. When the industry associations to provide contract (charter) services, trade associations is just a "service" When the industry trade associations to use their autonomy to coordinate the interests of the entire industry, even if the means of punishment, still belongs to "intervention" or "quasi-economic mainstay." Autonomy rather than from the power industry associations are authorized by the government, which is positioning for trade associations, on the basis of all acts regulating industry associations.In addition, industry associations to improve the legal position of trade associations also will bring accountability mechanism. This paper also from the perspective of the Economic Association responsibility system, This is the academic and judicial practice fresh from the people involved. It must be mentioned that the paper studied the trade associations, commercial enterprises, limited to the economic field by the trade associations, I tried to use this as a focal point, the practice of academia and industry associations to draw attention.