On The Legislation And Selection Of Legislative Model For Chinese Chamber Of Commerce

With the reform of our country’s economic system and the formation of various interest groups, conflicts of interest among different groups become increasingly apparent and thus the demand for new interest-expressing mechanism and approaches is growing more and more strongly. Under such circumstances, Chamber of Commerce, which serves as a mediating organization representing and reflecting the benefits of each group, shows a rapid development. However, the legislation of Chinese Chamber of Commerce seems far behind its development. The grave defectiveness of Chamber of Commerce system, so to speak, has become one of the barriers in development of our country’s Chamber of Commerce and consequently brings out the problems appearing in the current system of Chamber of Commerce in China. Therefore, in order to remedy the current situation to facilitate the development of Chamber of Commerce in China, it is quite necessary to systematically investigate the legislation of the Chamber of Commerce and work out a specific legislative model for Chinese Chamber of Commerce.The thesis is composed of four parts. In the first part, the essential issues about Chamber of Commerce is fully elaborated, including the origin of Chamber of Commerce, the nature of Chamber of Commerce, the social role and function of Chamber of Commerce, and the relationship between Chamber of Commerce and trade associations etc. In the second part, through empirical analysis of the problems in the development and legislation of Chinese Chamber of Commerce, the author points out the focal points on the legislation of our country’s Chamber of Commerce in the future. In the third part, the author firstly introduces some popular foreign models for Chamber of Commerce like continental pattern, Anglo-American model and hybrid model, and then analyzes advantages and disadvantages of each. At the same time, the patterns and characteristics of the legislation of Chamber of Commerce in Chinese history are presented in this part either. And in the fourth part, on basis of the lessons from both foreign and Chinese-historical experiences on legislation of Chamber of Commerce, the author systematically analyzes the timing, the attribute, the hierarchy, the guiding ideology, and the intents of the legislation of Chinese Chamber of Commerce, and accordingly puts forward that the hybrid legislative model is more applicable and feasible to Chinese Chamber of Commerce. And then the basic principles and main provisions of the proposed model are re-established. Evidently, this part reflects the innovative points of the thesis and is undoubtedly of great difficulty and significance.In short, the present study, a systematic investigation on the legislative model for Chinese Chamber of Commerce, is conducted in hope of providing reference or theoretical support for the establishment and amelioration of the legislative system of Chinese Chamber of Commerce.