The Legal Status Of Industry Association

With the economic development and social change, development of trade association in our country has entered a period of rapid growth, showing a more prominent role, as an important civil intermediary organizations, industry associations between the government and the market has become the bridge and link. How to improve the industry association’s legal status, so as to meet the requirements of economic development, has become an important research topic, but the industry association legal status has not been properly addressed and implemented, thus limiting the industry association of China to play its due function, has hindered the social and economic development. Therefore, in-depth study of the industry association of legal status, find the root of the problem, and take corresponding measures, formulate the corresponding system design and development path, the development of trade associations and social progress to have great sense.This article can be divided into the following four parts:The first part is the introduction of the industry association of China general situation. With social reform and economic development of all walks of life, the industry association is gradually on the rise and development, the role of the trade association is more obvious. Guild build, is the development of the market economy and the need that socialization produces greatly, but also the state management, intervention and control economic activities demand. Despite differences in market economic system, industry associations have different definitions, but the essence is the same. Our country carries out reforming and opening and economic reform, the industry association has developed rapidly, especially after China joined WTO, development momentum is make a spurt of progress. However, the development of market economy in China for over20years, but still is in weak force industry association. At present our country guild is strongly dependent on the government, the lack of neutrality, authority and credibility, the uneven quality of personnel, government affairs is not divided, there should be no organization, consulting, intermediary, coordination effect. Therefore, China’s accession to the WTO and the transformation of government functions, the government returned to the social administrative powers, how to allocate to restrict trade association development problems, the author thinks that the transformation of government functions, will be part of the power is returned to the market and the enterprise and community organization, but more oversight functions should be transferred to the social intermediary organizations, and Industry Association the bond of organization in the society should take the initiative to put up the government, market and society, between enterprise bond, give full play to the role of organization and coordination, industry associations through its internal coordination of the industry, between the industry and the specific social relations to supervision Association member of the social economic activities, so as to accelerate the development of the market economy. Therefore, China’s current social existing guild legislation legal status is not clear, the legal laws and regulations are not perfect and organizational structure are unreasonable wait for a problem directly affects the industry association of China as a social intermediary organization mechanism and effect;The second part from the surname "fair" or surname "illicit" this paper discusses the problem of status Industry Association, the industry association of China’s legal status affect the industry association, the specific provisions of law, especially for the industry association authority of the provisions, the law of our country guild authority regulations reflect Industry Association’s legal position, influence the association organization and administrative departments, associations and member enterprises, enterprises and administrative organs of the relationship. Different researchers Association legal status of point of view and different, some from the public and private person perspective, some from legal, illegal person perspective, some are from the industry associations and enterprises, the relationship between government’s point of view, this shows, Industry Association’s legal status is the most important law on trade association the definition of the status, including the " ought to be" and" must" in two aspects, the current laws and regulations to promote the development of trade association should be set, what" real". Although the research point of view is different, but are from the industry association should have the legal status in detail, this article will through the" public" or" private" legal status to guild the identity issues; The third part is to improve the industry association’s role as administrative subject discuss, industry association representatives with industry and common interests, to the enterprise inside the industry management and service of the non-profit organization, so the industry association is first of all to maintain the industry profit, management and services of the industry member’s responsibilities; in addition, by specifying the internal industry trade association code of conduct, to define and promote the industry and public interests, and for its members to provide various kinds of service members, to reduce production cost, improve service quality, the greatest degree of economic efficiency and social value. The contrast overseas development and improve the trade association, we discover not hard, although each state government, social characteristics and organizational form is different, but the association properties are the same, that is by the industrial and commercial enterprises resource organization, nonprofit, government, industrial and commercial enterprises for the service, self-discipline and autonomy. Civil organization, rather than" two " of the government or governmental adjunct. Foreign trade association is a social organization in a network link, and the functions of the government departments or enterprises producers the administration relation between centralization of state power, and did not form a closed, vertical a pagoda form. At the same time, despite the developed country trade association for enterprise’s influence was weak, however, and other organizations, they are the same, all are equal and mutually beneficial relationship, there is no relationship of administrative subordination. In addition, the Foreign Trade Association guidelines are very clear, its purpose is for the industry, business development services, reflected not only in the internal environment, such as the working regulation, internal mechanism, membership system, also reflected in the policy of the government, the government through the improvement of relevant laws and regulations, improve the development of security, to create a good external environment. The same industry association reaction to the government, the country’s economic, social and other aspects the influence is tremendous. Therefore, we should try to draw on the excellent foreign guild development experience, and according to the conditions of our country and current guild development condition, do good industry association system design; The fourth part mainly elaborated ought to gift industry association executive litigants status, industry association and administrative litigant position is the fundamental starting point for trade associations representing members of the industry interest, social interest groups organization characteristic, Industry Association’s main responsibility is to protect the association and its members interests. Contemporary society is a society with legal system, industry association and administrative litigant status only in the legal recognition and protection, the social life and economic activities can give full play to come out. Industry Association as a civil organization, behavior by all sectors of society and government supervision, if the government of industry associations to a behavior that has made the decision on punishment, so as to affect trade associations within the interests of members, industry associations when have the administrative litigant position to initiate proceedings. In fact, the reason why trade association to become the industry represents a fundamental manifestation is the industry association to participate in the relevant industry development and reform of decision-making, and puts forward the suggestions of developing economy and legislation suggestion. As a trade association of its members’ assembly, for the development of the industry status quo and problems of relatively thorough understanding, at the same time to objective analysis on relevant international trade situation. The government economic policy is very helpful, even to the impact strength. The Chinese government authority after the change, industry association and this role will unfold, gift industry association administrative litigation right will be better let trade associations to participate in government decision-making.