Perfection Of The Legal Regulation Of The Trade Association Of China Price Self-discipline

As the power of government in economic sphere has been initiatively transferring to society in China,the desire of the market proprietor for economic autonomy has been growing.Thus,a large number of guilds mushroomed.Up to 2003,the number of China's guild was 41,722,in 2004 to 46,370,growth of 11.1%.The trend of guilds becoming China's new economic autonomy groups is apparent gradually.However,in an increasingly competitive market,because of the joint show in natural and power that empowered by members and government, guilds easily use the power of self-discipline at the cost of normal economic in order to achieve the so-called legitimate trade interests. Self-discipline is the most convenient tool that can reap huge profits in the short term.This paper was started from the improper conducts of self-discipline by using comparative and empirical research methods which comprehensively use the integrated knowledge of law,sociology, management and economics,and then proposed some suggestions that can improve the legal system about constraining conducts of price self-discipline.This paper is divided into four parts.The first part is about the definition of guilds and price self-discipline;the second part is that analyzed the limitation and improper implementation of price self-discipline in guild.According to the different ways of behavior,the improper conducts is mainly divided into four forms:fixed price, quantitative restrictions,the exchange of information and internal discrimination;The third part is the reason of improper implementation, such as the limitation of behalf,the stronger status of master in economic law,inadequate control in exert right and etc.;The fourth part is the suggestion that can improve the actuality of law.First,the author described the subject law and the conduct law;Then,according to the analysis of the disadvantage of actuality,proposed the specific suggestions in autonomy constitution and guild law,and advanced the provisions of responsibility, exemption,and the types of liability for new "anti-monopoly law" in specific way.