Legal Regulation Of Our Country's Industry Association

The Trade Associations get favor of people increasingly by their double effects including overcoming government failure and market failure. However, as the market and the government will be failure, The Trade Association will also be failure. The tendency is obvious especially in The Trade Associations. For this tendency in The Trade Associations, developed market economy countries and regions in the anti-monopoly Law regulations of the Trade Associations have made unremitting efforts and have made remarkable theoretical and legislative outcomes.In recent years, the Trade Associations restrict competition from time to time in China, it made serious damage to China’s competition in order. Although it gets the legal circles’concern, but the theory still needs to be further. The "anti-monopoly law" involved in the Trade Associations to restrict competition in the three provisions at legislation, However, relying on a few poor regulations on The Trade Associations restriction on competition are inadequate. Therefore, to explore The Trade Associations restriction of competition law regulation from the perspective of the "anti-monopoly law" which theoretical and practical value are very obvious. This is also the language of ideas, whereby the author the article is divided into the following sections.I. The introduction first introduced to the background and significance of this study. Thinking about the causes of restriction of competition for The Trade Associations frequently appeared. And pointed out that the regulations of The Trade Associations in Chinese "anti-monopoly law" have defects and need to then come out of Chinese Trade Associations exist to analyze and improve its regulatory system. Then the research came out with two levels of regulation of our industry associations, and indicates there are still inadequacies.II. First introduce the overview of The Trade Associations. Chinese academia and legislation to the definition of Trade Association has not been standardized, summarized the definition of The Trade Association of Chinese by comparing. Tease out by defining the characteristics of The Trade Associations. Followed by introduction of Trade Associations divided according to different criteria for the classification of types, and summarizes the role of industry associations should have. III. First sort out the two kinds of relationships between The Trade Associations and competition, namely the promotion of competition and restriction of competition. Followed by further pointed out The Trade Associations to restriction of competition has two sides, namely, the existence of harmful side and a rationality side. Distinguish the difference between The Trade Associations’restrict competition, effectively is helpful to it’s regulation.IV. From reality start summarized the problems in the existing industry associations in China. Identify causes, mainly focusing on the lack of legal regulation of the industry associations.V. On Chinese "anti-monopoly law," and other means for the regulation of The Trade Associations and improve. Mainly focused on "anti-monopoly law," from the definition of the concept of industry associations, registration and management system, and limit the scope of competition and other aspects of the supplement, with a view to more effective regulation and guide The Trade Associations.