The Research On Legal Regulation On The Trade Associations' Behaviors Restricting Competition

Trade association , as a representative of the enterprise profit, has natural maintain competition function, thus has its rationality of the existence and its great possibilities of limit competition, therefore, it is necessary to regulate with the antitrust laws. With Antimonopoly law of the People's Republic of China "the timely appearing, it has a main chance to prevent trade association become monopoly organizers and to prevent trade association restrict competition behavior. Anti-monopoly law finally in article 11 and article 16 and article 46 in item 3 regulate the trade association restrictions of competition behavior, which reflects the lawmakers to pay attention to trade association restrict competition behavior problems, but the current situation of the legislation in our country tend to be principle. In the very great degree, it is a kind of legal concepts , ideas and popularization of stressed which is lack of operable and constructability, therefore, the trade association restrict competition behavior research and regulating the task is still a long way to go.This paper is to trade association restrict competition behavior of theoretical analysis and introduce foreign theories, and institutional basis, try to combine China antitrust law restricts competitive behavior of trade association of legal regulation and make a system of carding and system construction of relevant attempt, in order to help the standard operation and the development of the whole trade association.In part 1 of this article, the author first from the concept of trade association, emphatically analyses the trade association history status ,social functions and legal status, etc , and introduced the general theory of the trade association restrict competition behavior. Secondly, the author analyses the trade association restrict competition behavior of the causes and forms.The second part mainly introduces the foreign countries for trade association of legal regulation restricts competitive behavior of legislative situation, applicable principle and legal responsibility, in order to provide reference for our country. Actually once trade association become the tools of the enterprise limit competition of members, which would be most countries law regulating object. Many countries in legislation will clearly make trade organization as regulating object.In the third part, this paper mainly interpret the insufficiency of antimonopoly law in China in trade association restrict competition behavior. Because trade association competition behavior legal regulating is the implementation and execution of basic laws, and the ultimate legal liability issues, the present legal framework within the discussion is inevitable.In the fourth part, on the basis of the experience abroad, this paper puts forward to perfect our country trade association restrict competition behavior legal regulating system design and related suggestions. Analyzes our country to trade association restrict competition behavior legal regulating several problems, including low legislations, legal requirements, such as legislative problem messy and law enforcement agencies independence, authoritative inadequate enforcement issues. And puts forward the trade association restrict competition behavior legal regulating recommendations, including deepening trade association to guide the trade association internal reform ,establish industrial competition and perfect the legal responsibility system structure, etc, and the specific content of the trade association in the future development forward assumption.