The Trade Association In Economic Law

In the past few decades in the practice of market economy, because of the market failure, the state intervene the economy by the political, economic and legal means methods; The double failure of government and market status make the appearance of the trade association. In the current economy, the trade association had play a important role, In contrast our study is later, the range is small, mainly confined to the economic research science, management, and administrative law, etc. As a middle layer of society, the research in this area is inadequate.There are different points about the trade association. I think the contents of the trade associations that should be resolved in the legal issues, Professor Wang Quanxing don't approve the "government - the market "dual frame, put forward the theory of the middle layer of society, Lu Li thinks the government is the only interveners, not involve the trade association. The innovative "right - the power" is perspective. It is pointed out the trade associations is more appropriate in the economic law, it belongs to one of the important subjects of the middle layer.Different countries have different history about the trade association, so different countries have different views about the trade association. In our country, there is also the law and academic theory about it. In the conceptual analysis of the trade association under the summary of the non-profit trade association intermediary, independence and mutual benefit and other legal characteristics of the trade associations, we did the further study; In the concept of trade associations, the law of nature, the introduction of the trade associations to play in practice management functions, services and coordination functions of the legal function.Mainly from the relations between trade associations and government, and between trade associations and corporate, I analysis the Franco-German model, the Anglo-American model and mixed-mode in Japan about the trade associations and government, the relationship between market players by the comparative analysis method, The national trade association of domestic and international research, I analysis the trade associations and government in practice, the relationship between market players, trade associations, find out that it's different from the government, unlike the market players, but it's independent from the government and market players in the third subject; In the laws of our nation, such as "Anti-Unfair Competition Law," "anti-monopoly law," they all relevant the position in the economic law of the trade associations.Last is the theoretical analysis of the trade association. First is the view of administrative law, on the one hand this viewpoint can't speak the different the legal status, dilute the relative trade associations and intermediary services, communication function; the other hand, as business representatives, the trade associations participate in the exercise of public management and oversight of government functions important role in the process, these are not reflected in the administrative law, and the relationship between the trade associations and market players can not be able to incorporate into the adjustment range of administrative law. Second, the trade association has the dominant position in the economic law, combined with the economic law of the main theories and the classification of the main economic law, economic law scholars in the analysis of the macro-control of the main trade association, regulatory body, regulatory receptors different legal status defined, and finally research the "Anti-Unfair Competition Law" and "anti-monopoly law" ,we can get the position of the trade association by the economic law theory, and under the analysis of this conclusion, I analysis the legal rights, the legal obligation and the legal l responsibility of the trade associations, and so on.