Industry Association Of Legislative Research

As the socialist market economy develops, industry association has made great progress along with the China's economy system reform. However, China has no specific industry association law so far, which makes many legal relations still not clear and the industry association still not bring into play fully. In order to solute such questions, it is essential to accelerate the lawmaking process and lead the industry association development into a standard and legal way.This article has five parts.Introduction: introducing the backgrounds and the objectives of this article Chapter one: This part will introduce the diversified theories of the industry association from a historical prospect. And then, I will give the concept of industry association and its four basic characteristics on this basis. The industry association is that the competitors in the same industry voluntarily form an organization to protect or increase their interest. It is a juridical association and does not aim at profit. Its four basic characteristics are that the members of the association are from the same industry, the member is voluntary to participate the association, the association does not aim at profit, and it is non-government organization, etc.Chapter two: This part will introduce the industry association's naissance and development from a historical point, and then deduct the China's industry association's characteristics, i.e. the number of industry associations increasing rapidly, the business scope of the associations being more and more wide, and its development trend becoming more and more internationalized.Chapter three: The third part will introduce the industry association's operation model, which includes Anglo-American model, German-France model, Japan-Korea model, etc. China's industry association has its own characteristic on the operation model. However, it is confronted with a puzzledom that its function is still not fully exerted. In order to settle this problem, it is essential to definitely stipulate the industry association's law status and right. As the Japan-Korea model has assimilated the advantages of Anglo-American model and Germany-France model, and which accord with China's situation, we should study the Japan-Korea model better when lawmaking.Chapter four: The forth part will discuss the characteristics of the specific industry association law, and analyze the necessity and feasibility of making such a law. China's industry association law falls into the category of economy law. It is very easy for us to conclude that making such a specific industry association law is necessary from the viewpoints of the status and development of China's industry association, and the internal and international backgrounds. At the same time, we make such a specific industry association law is feasible no matter from the subjective conditions or objective conditions.Chapter five: This fifth part will table some proposals on stipulating the specific industry association law. The law should well embody equity as well as efficiency and must adhere to the principle of equity and harmony from viewpoints of the value, aim and principle of lawmaking. And the law must say directly that the industry association possesses the right of autonomy, representation, assisting-government, servicing-business and intercession, etc. The government departments are responsible for supporting the industry association's growth and development. When the industry association's decision does not accord with the government's wills, the industry association should hold the members meeting to discuss ways and means to settle the issue, and negotiate with the government to get the government's supporting and maintain the industry profit.Conclusion: the situation to make a specific industry association law has been matured, so we should make such a law as soon.