Study On The Legal Subject Status Of The Chamber Of Commence

In China, the Chamber of Commence is the social organization that autonomously controls members’participation in the market and provides its members with services, such as consultation and financing communication. It appears based on the alternation of governmental function and the objective requirements that brought by the need of new-born subject of economic law in the background of the return of market value.In the economic legal relationship, Chamber of Commence plays various roles. On the one hand, the relationship between Chamber of Commence and government is mutual exclusive, but complementary on the functions; on the other, by the articles of association there forms a relationship between Chamber of Commence and its members as the self-discipline subject and object. At the same time, Chamber of Commence itself also takes part in the specific operation of market economy. The regulating function of Chamber of Commence can effectively compensate the resource-allocation defects, which result from government failure and market failure, to make the market economy develop in a healthy and ordered way. But the fact, which is not allowed to ignore, is as follows:the government’s excessively intervention to the Chamber of Commence, and various roles acted by the Chamber of Commence in the market economy lead to a deviation judgment on its legal subject status, as a result, its running efficiency and regulating function have been seriously affected.As the social medial-layer in the economic actives, the Chamber of Commence can be divided into different type of legal subjects due to the t attributes, functions and organization mode.From the perspective of "how to establish" and "how to bear the responsibilities", the Chamber of Commence establishes spontaneously, exercises independent autonomy-right according to the articles of association, self-finance to insure its normal operation, so it has typical characteristic of the Corporation, and it’s one of the civil subject. Analyzing from the management responsibility of the Chamber of Commence, the power of Chamber of Commence stems from the alienation of member right. By the virtue of the power, the Chamber of Commence can develop industry regulations, and can excise the power to punish the members who violate the management system. The administrative power exercised by such social organizations and the administrative power exercised by government are independently and harmoniously operated in different fields in order to ensure the stable development of market economy. So in the perspective of new public administration, the chamber of Commerce is in full compliance with the legal characteristics of the subject of administrative law. According to the economy of the Chamber of Commence, the chamber of commence has the basis characteristic of commercial subject----the economy. It is the product of the needs of the management subjects, which consists those commercial enterprises producing, providing, selling the same products or providing similar services, and it helps realizing the group’s economic interests, so it is one of the commercial subject.The division has rationality in some degree, and has one-sidedness as well. The view, which respects the Chamber of Commence as civil subject, is to ignore the function of autonomous management of the Chamber of Commence. The view, which respects the Chamber of Commence as administrative subject, is to ignore the intermediary characteristic and social characteristic of the Chamber of Commence. The view, which respects the Chamber of Commence as commercial subject, also has legal obstacle to be the reasonable one, because the Chamber of Commence lacks the characteristic of profitability which is the key to be commercial subject. Economic Law system is the third legal branch, which has dual characteristic of both public and private. As the autonomous organization, compared with the private subject, the Chamber of Commence has some similarities, but has obvious difference; and when compared with the public subject, the conclusion is the same. The Chamber of Commence has the dual characteristics of both public and private and the various-role attribute, and can effectively solve the problems from government failure and market failure in the market economy, and can promote healthy and ordered development of market economy, so it is more appropriate to judge the Chamber of Commence as the subject of economic law。...