Research On The Legal Regulation Of The Trade Association

Trade associations is a form of social organization in the countries with developed market economy, which to promote a common development of the trade and regulate its orders. Since1980s, the trade association in china has begun to rise and develop rapidly. However, the extremely incomplete rules and regulations had led to a series of problems for trade associations, which severely constraints its healthy and rapid development. In view of this, the author believes that deepening the study of the basic theory and legal regulations of trade associations plays a key role in the sustainable development of China’s trade association. Therefore, this paper attempts to conduct a comprehensive study of the legal regulations of trade associations from this point of view.The first part of this article, the overview of trade association, elaborates domestic and foreign scholars’ different understandings of it, thus make a clear definition of trade association. The trade association in a particular context is a spontaneously formed non-profit-making corporation aggregate by economic organizations engaging in the same kind of activities to protect legitimate interests. At the same time, it points out the distinction between trade associations and other corporation aggregates, namely non-profit-making, by explaining the characteristics of trade associations. Then it clearly clarifies the nature and legal position of the trade associations, that is, trade association is a non-profit-making corporate body. Besides, in this part the author makes systematic introductions to the types and functions of trade associations. To reveal China’s trade association, we can not only use one standard to measure its formation; it should be according to our current actual situation.The second part of the paper focuses on the legal regulation of trade association mode abroad. The author selected the American, Germany, and Japan ones for research. First of all, the American trade associations free patterns legal regulation. Free mode, refers to the especial legal regulation of development of industry associations, the third domain independent of the government, there is great autonomy in the establishment, operation and organization of the industry associations. Then analyzing of the American Association on the legal regulation of free mode which is from the guild’s relationship with the government, industry associations establishment form and industry association system operation mode. Secondly, researching on the German legal regulation of the industry association cooperation mode. Cooperation mode is making specific laws regulating the association organization to unite. At the same time, analysising of German legal regulation of trade association from the relationship between trade associations and government, the mode of the organization system establishment and the running mode. In third, researching on legal regulation of the Japanese Industry Association in umbrella flip mode. Analysising the role of the industry association between enterprise and government. Finally, get a regulation pattern suitting our country guild development basing on the research on the legal regulation of the American, Germanic, Japanese trade association pattern.The third part of this article discussed the status quo of the guild law regulation in our country. The associations have a lot of defects in our country. There are problems in three main fact needing to be solved urgently. The first, industry association legislation is not perfect. That includes the legislative level is too low. Due to specifically regulate guild legislation serious deficiency, there exists blank in many industry associations; Function positioning is not accurate, regulations between the local government regulations and local laws is not comprehensive, sometimes in conflict with each other, causing inconsistent between the government and industry associations in understanding. In second, the relationship between industry associations and government is not reasonable, which includes four aspects:the first one, the limit between the trade association and the government is unclear, which is difficult to operate in the market. There in some common points between management authority of the association and the economic social management function in the administrative organs, which leads to a confusion when two specific implementation of correlation functions in the same time. The relationship of association organization and administrative organs is very confused; the following the association is too dependent on government to stand alone; the third is the supervision of the government to the association is not sufficient; the last is that the restrict management of the Association to the government play a poor role. In third, the internal management system of the association is not perfect. Including three sides:" double management" system, is not favor for the normative development of the association; disadvantage exists in the manage mode of the association. All these questions of the association limit deeply of the associations developing rapidly in China.The fourth part of this article is the top priority of the whole article. For the third part of China’s legal regulation, trade association of the shortcomings of legal regulation to make perfect countermeasures. First of all, in improving the legislation aspect:to establish perfect trade association law system, to ensure the whole trade association system and effective adjustment and management; under china’s current trade association characteristics of the specific run and management of reasonable legislative framework. Secondly, normative the relations between trade associations and the government:through legislation defining the scope of government functions, regulate the exercise of power. The country must pass specific laws and regulations to limit government and relevant departments:change management mode, establish new relations between government and trade associations, strength government supervision of trade associations. The government in fulfilling the duties of supervision and management should pay attention to avoid intervention the internal affairs of trade association, in the mean time, emphasize beforehand supervision, supervision and supervise, perfect trade association constraint on the government function. Thirdly, a sound internal management system of trade association, Reform trade associations and business organizations from the registration authorities jointly responsible for the dual for the dual management system; reform government-run industry associations cadre appointment system drawbacks; sound association’s financial system, seek to achieve financial clarity and democratization, to ensure oversight within the organization system of scientific and transparent. Through the above range of views and countermeasures, hoping to solve the trade association of China problems can help.In view of the important and irreplaceable intermediation role of trade associations in monitoring the government’s administration according to law, social stability, market economy normal function and public interest insurance, legislation of the whole trade industry needs to be speeded up so that its unique functions can be played fully. The relationship between government and trade associations should be regulated and the internal management system of trade associations should be improved to make sure trade associations can run and develop on a relaxed and free track.