The Monopolistic Behavior Of The Trade Association Of China And Damages

As an important part of the social mediation organization, the trade association has been playing an important role in communicating the nation's macro-interests with the enterprise's micro-interests. In our country, with the further going of the reform in economy, trade association also has a good chance to develop and it being paid much attention. But things have two aspects of coexistence; trade association has positive effects to the marketing economy and also could inhibit the normal order of market competition. On the one hand, trade association leads the legal operations to comply with the order of the market competition using its coordination and management functions, so market mechanism can play the role of resource allocation. But on the other hand, as representative for the member companies, trade association's aim is to promote its members'interests. This purpose will determine that trade association will give priority to the members interests and use its facilities to do the monopolistic behavior to damage the free and fair competitive order with its members. In recent years, trade association has taken place monopolistic behavior, as fixing prices, dividing markets, resisting the non-members to enter the market, etc. These harm the rights and interests of consumers and disrupt the economic order. It is necessary to regulate the acts of trade associations and assume liability for damages to victims.There is no uniform legislation of the trade association at present. The existing provisions are more dispersed. China's antimonopoly law does not provide the specific criteria for restrictions on trade association's monopolistic behavior, referencing the criteria of operator. In addition, the legal liability is also relatively simple, which are mainly administrative penalties and criminal liability but no liability for damages. So the victims of the damages are difficult to effectively compensate, lacking of operability, which can't play the role of law.So, aiming at regulating the trade association's monopolistic behavior and compensating for the loss of victims, the article includes actor, behavior and liability for the main line. The article includes the conception of the economic trade association, the analysis for the monopolistic behavior, the type of the monopolistic behavior, the main content of the damage compensation system. I am planning to discuss how to regulate the monopolistic behavior of the trade association and how to compensate for the losses.This article composes of three parts. The first part is theoretical analysis for the monopolistic behavior of the trade association. The writer begins with the definition and characteristics of the trade association, defining the scope of the trade association. Next, the article reveals the cause of the trade association's monopolistic behavior. Then the article explains the legal basis for its regulation.The second part is to introduce the trade association's monopolistic behavior. First, this part introduces the China's antimonopoly provisions of the trade association's monopolistic behavior. In order to judging the monopolistic behavior clearly, the article proposes the classification standards of these acts. Next, it explains the characteristics and harmfulness of monopolistic behavior with joining many of the cases at home and abroad.The last part is about the monopolistic behavior liability for damages. The regulation must accompany with punishment, which can implement the rights and obligations. Now that the administrative responsibility and criminal liability have been involved in, the author mainly talks about the liability for the damages. Beginning with the cause of the liability for damages, it explains the reasons for the responsibility. This part introduces the main elements of the system by means of referencing the foreign experience, for example, the plaintiff qualifications, the principle of liability, pre-administrative procedures, the amount of the damages, etc.