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Legal Control, Industry Organizations The Right To Discipline

Posted on:2012-03-29Degree:MasterType:Thesis
Country:ChinaCandidate:J Q YangFull Text:PDF
GTID:2216330344450881Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The late 20th century, the era of global change means a concept::a unified,dual governance of the country no longer meet the needs of social development, the Government has become a primary goal of institutional reform, the government and market, government and society, government and citizen three the relationship between the need to re-positioning itself to build the initial standardization of the national governance system。Industry organizations to manage the country's social functions and the enthusiasm of members of the community together to realize the diversification of social governance and citizen participation in the ordering. Disciplinary power industry organizations will be the industry's social management property and self-attributes close together, form a good management system, sharing the responsibility of governance of insufficient resources。Given the consistency of power and responsibility, we need to carefully place the face of industry problems in organization and management In particular the need to discipline the exercise of the right of the relevant regulations of legal measures were not taken seriously, and in this regard the existence of our great legal system inadequate, dissatisfied with management, without the exercise of disciplinary power and the exercise of the right punishment did not produce optimistic。In view of this, in order to make better social governance, enhance social harmony and background, it is necessary for society to impose appropriate regulations, to run along the right track to play the role of social self-management。Among these, the lack of legal mechanisms is a very sad phenomenon, resulting in social governance of the disorder。Therefore, this article right from the formation of industry organizations disciplinary mechanism, the specific operation mode and a unique source of authority in terms of industry organizations such as the right to carry out historical investigation of the discipline, the industry organization the right to legal definition of discipline; on this basis, combined with the powers and responsibilities symbiosis theory of industrial organization the legal right to control the mechanism of punishment from the state power supervision, process control, and social control in areas such as depth to reveal the basic properties of the industry and the discipline of normative basis, fully embodies the characteristics of the sanction, then the right to discipline control of the theoretical premise。With a foreign official theory, theory and other theories based on multiple criteria to refine the analysis, summarized the right to punish extraterritorial trade organizations operating mechanism to explain the legal control of trade organizations disciplinary authority is limited。In addition, the analysis of the shortcomings of the existing industries and the development of disciplinary status explain the legal control industry, the urgency of discipline, and a long ofwhich in turn shape the discipline of industrial organization the right to legal control mode setting preconditions。Specifically, China's industry organizations the legal right to control the mode of punishment should take a combination of macro and micro approach, drawing on the experience of extraterritorial basis, from the administrative supervision of regulatory agencies, industry process control and judicial control aspects, supplemented to our existing laws, regulations and industry rules and regulations formed a trade organization for the development of real disciplinary authority control mode in order to facilitate organizational harmony and social harmony。...
Keywords/Search Tags:Industry organization, Industry organization punishment power way to be gentleman, Legal control, Lawyers association
PDF Full Text Request
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