The Governing Authority Of Industry Guild And Research On Its Administrative Law Rugulating

In recent years, to satisfy diverse, professional and efficient administrative missions,various economic organizations and social autonomous organizations have activelyparticipated public administration and assist administrative organ to achieve such missions.The specialty of industry guild has attracted significant attentions, to consolidate itsautonomy foundation and institutional framework, we need focus on three aspects: determinethe nature, authorization and regulation. First, avoiding regarding industry guild as traditionalpublic organization and realize its special legal status in third sector economy, make it eligibleto fulfill social administration and standardize governance right. Second, authorize industryguild adequate administrative right, make it eligible to exercise interest represent, socialregulation and provide public service. Third, restrain its authority of social regulation toguarantee the public interest.This paper would be comply with the sequence indicated above and focus on threeaspects including “legal status”,“autonomous action” and “legal restraint”. The firstpart would begin with current association theory and relevant regulations, clarify the specialtyof industry guild compare with other ordinary association, thus, define the industry guild asnon-profit economic autonomous organization, belonging to “third sector economy”. Basedon this theory, redistribute the industry guild into three forms, industry guild in field ofproduction, industry guild in field of commercial distribution and industry guild in field ofprofession. The second part of this paper would mainly discuss the rationality of industryguild regulation, action classification, the distinction between legal status and administrativeauthority. The third part would mainly discuss the general theory and institution design forregulating industry guild through administrative regulation and provide practical method.This paper would indicate the institutional method of administrative regulation bystudying the legal status and autonomous action of industry guild. The definition and legalstatus of industry guild would be redefined, the purpose is to regulate its autonomous action,clarify its autonomous foundation, and thus guide the industry guild to participate publicadministration in a lawful manner. Finally, establish new public administrative relation withadministrative organs by forming public private cooperation, effectively achieve administrative mission and advance public welfare.