Research On Administrative Regulation To The Penalty Power Of Trade Association

Trade association as a market intermediary organization plays an important role in the world. In these years, trade association is flourishing in our country. In the need of management, the trade association generally makes the provisions of penalty power to the members; some even makes the provision to the third subject in the society. Therefore, this article chooses to make research on administrative legal regulation to the penalty power of trade association in order to clear and definite the character the penalty power of trade association of it and clarify this issue in legal system.Chapter One summarizes and analyzes the penalty power of trade association according to the current research documents. The purpose is to establish a certain background and premise for the following research. Chapter Two expound some basic theories of the penalty power of trade association. The writer fully affirms that the trade association has the penalty power and it has the force of law unless it goes against constitutions or laws or regulations or other mandatory provisions. The writer holds that guild regulations are an important part in the national multi-legal system. What's more, the writer puts forward some suggestion about how to solve the interaction and conflict between the penalty power of trade association and that of the authorities. Chapter Three analyzes the status of the legal regulation to the penalty power of trade association. The writer explores the problems that in the exercise of the penalty power of trade association authorized by law or regulations or the penalty power of trade association which has the social functions of public administration. Chapter Four draws lessons from related theory and legislative experience of other countries. The writer suggests that we should re-position the theory of administrative subject in our country. The writer also holds reference standards and judicial examining rules to determine whether or not the penalty power of trade association has the social functions of public administration. Chapter Five makes some specific measures to improve the legal regulation to the penalty power of trade association in our country. The writer proposes to build a rational regulatory legal system of trade association; to establish specialized administrative agencies and improve the related legal system in the process of enforcement of the regulation; to provide some appropriate succors to the dispute of penalty power of trade association authorized by law or regulations in judicial regulation and develop appropriate positioning to statutes of the trade association which has the social functions of public administration, in addition, make some applicable legal rules of statutes in judicial regulation.