A Study On Problems Of Legal Regulation Of The Chamber Of Commerce In China In The Context Of The Private Lending

This paper mainly probes into the status quo of the laws and regulationsregarding the Chamber of Commerce, summarizes the defects and problems under theexisting legal environment, and will accordingly proposes feasible suggestions andsolutions to the perfection of the laws and regulations with the reference andexperience from the recent financial reform. The paper consists of three parts:Introduction, Body and Conclusion. The body of the paper is divided into fivechapters and covers a word-count of27,000.First and foremost, the background and the significance of the topic as well asthe research methods and the layout of the paper will be described in the Introduction.It will also mention the innovative points within this research.The first chapter will introduce the establishment and development of thechambers of commerce. It starts from the explanation of the concepts and nature ofthe chamber of commerce with special attention on the economic quality andnon-profitability which is distinctive from that of main body of the commerce activity.The chapter will then proceed with the contrast and comparison between the chambersof commerce and other business bodies including Federations of Industry andCommerce, commercial associations, commercial allies, etc. After that, the historyand the recent development of the chamber of commerce will be introduced. The focus then moves to the Wenzhou Chamber of Commerce which is of world-widesignificance and affluence. The introduction of the Wenzhou Chamber of Commercewill lay the foundation for further discussion.The next chapter describes the status quo of the Commercial Laws, particularlythe regulations of chamber of commerce, and analyzes the existing problems. First,we will exam the current legislation system under different administrative levelsincluding the Constitution, administrative legislation and legislation of localgovernment, etc. This would prove that there are certain imperfections of thelegislative system: the lack of pertinent and professional laws and regulations, theweakening of the chambers of commerce, the dimming and confusing of theresponsibilities between the chamber and its members, etc.Chapter Three specifically elucidates the inadequate in the realization ofcomplete autonomy of the chamber of commerce under current legal environment.This is under the background of the latest financial reform and it will be introduced inthe head of this chapter. Problems will be appear such as the blocks in up-downmessage-passage, the ill-performed medium work in financing, the unsatisfactorymaintenance of the market order, etc. All these problems, together with those from theprevious chapter, will be the basis for discussions and suggestions proposedafterwards.The fourth chapter is about theoretical elucidation and discussion on the basicproblems forementioned. The fundamental problem to be solved as to improving thelaws and regulations of the chamber of commerce is how to define and determine therelation between government and the chamber itself. In order to address this problem,this research, in accordance with the principle concepts of the Economic Laws,proposes that there is absolute necessity for the realization of autonomy of thechamber. Details of the suggested autonomic rights are revealed in this chapter and atthe same time, this chapter will also deal with the problem of how to loosen the severescramble for power according to China’s current situation. The relevant systemsabroad, such as the commercial chamber system of Continental Pattern, British-American Pattern, Mixed Pattern and Taiwan Pattern, etc, have offered a goodand practical reference for the problem-tackling.Solutions and propositions are put forward in Chapter Five as to improve thelaws and regulations dealing with commercial chambers. Macroscopically, thischapter offers an outline of the trends in future reform of the commercial chambers,which includes the establishment of coordinating head chamber, the connection withentities around the world, the formulation and improvement of preset laws andregulations to make everything accountable, etc. Microscopically, it proposes a serialof solutions and suggestions to improve the laws and regulations for the healthyoperation and management of commercial chambers, such as defining the juristicposition and character of the commercial chambers, improving the organizationalstructure of the chambers, strengthening the autonomy of the chambers and definingthe rights and legal responsibility of the chambers, etc.The conclusion restates the main points forwarded in this paper and makes asound and affirmative appeal to the government for the ushering in of relevant newlaws and regulations.