The Jurisprudence Analysis Of Trade Associations For Mediation

Various of market players appear in succession as our socialist market economic development after Chinese Economic Reform and Opening-up.Because the pursuit of self-interest is maximization, the contradictions and conflicts between them is unavoidable.In this case, the simple demands of market players to exercise self-discipline required to state organs and administrative functions as the extent to alleviate the conflict, but cannot fundamentally solve the problems. Trade Association is the between each market players and market players and government communication link as a business organization and self-discipline.When the same industry economic entity as well as between the industry and other industry dispute between, Trade Association professional advantage became apparent: Trade Association mediation can alleviate the pressure of the court, save litigation resources, but also the means to resolve trade disputes are more gentle, avoids the intensification of social conflict, but also easier to maintain harmony, specification the order of the industry. In this sense, Trade Association as the main industry solve disputes, there are other dispute resolution mechanism is not have the advantage, economy, the inevitable trend of social development.On the other hand, with the development of economy and the people’s right consciousness, the emergence of a large number of various disputes, however, litigation resources increases and the judicial staff level but failed to keep up with the demand of the times. In addition, in today’s society, value and legal pluralism has become the consensus of contemporary human society. So the construction of diversified dispute solution mechanism becomes the popular sentiment, represent the general trend. The trade association of mediation is a very important side of the diversity of dispute solution mechanism.However, because of China’s socialist market economy is still at the preliminary stage of development, the Trade Association for mediation as a dispute resolution mechanism of the objective environment is not completely mature, its significant advantages are not given full play. In view of the above background, Research of Trade Association for mediation, conciliation system of perfect Trade Association is very important. This paper from a legal point of view, the concept analysis, comparative study, historical analysis, value analysis, literature survey method, from the Trade Associations mediate the concept, through the Trade Associations mediate the legal basis and value analysis, and then verify that the Trade Associations mediate the necessity, followed by academic studies to social practice, discuss Trade Associations mediate the development history and current situation, and further analysis of the Trade Association mediation existence question, finally to improve Trade Association mediation system as the goal, put forward its own views and suggestions, with a view to Trade Association mediation theory and practice.