The Research On Market Regulatory Power Of The Industry Association In China

Industry Association refers to non-governmental organizations which are established of voluntary association by market competitors in the same industry.Since the second half of the last century,due to the government powerless in social management,Industry Associations in Europe, Japan and other developed countries gained an unprecedented development, and the functions of Industry Association gradually upgrade from industry training, information exchange to market regulation which including the establishment of industry standards and so on.As a result,the change and development of Industry Association play a crucial role in the healthy operation of the national economy of capitalism.Three decades of reform and opening up, there is unprecedented reform in the political, economic and social fields in China.The establishment of socialist market economic system also requires reform in the functions of government which means government should play a role of macro guidance in the economic operation and the micro market regulatory power need to gradually transferring to the Industry Association as the representative of non-governmental organizations. After decades of development, Industry Association of China has begun to participate in market regulation.Unfortunately,suffering from its own congenital deficiencies and the lack of external forces supported,the progress of Industry Association participating in market regulation just has a slowly change.In view of this, this paper adopts the methods of comparative analysis and interdisciplinary research.Through the reference of advanced experience about foreign countries’Industry Association participating in market regulation and the Integration of various disciplines of knowledge(including management,sociology,law,etc.),the following three levels trying to make a contribution to the study about market regulatory power of Industry Association in China.Firstly:preface.This section introduces the background of the market regulatory power of Industry Association and its achievements gained in Europe,Japan and other countries, the current academic research status about the market regulatory power of Industry Association, the idea and methods of writing and the structural frameworks of this paper.Secondly:the body of the whole paper. And it is divided into five parts.Part 1:Basic understanding on market regulatory power of Industry Association.This part discusses from the following aspects:the meaning and nature of market regulatory power of Industry Association, the differences between market regulatory power of Industry Association and market regulatory power of government,the functions and its role of market regulatory power of Industry Association,etc.Through the discussion,the paper pointing out that Industry Association can act as an independent regulator which is different from government to achieve the regulation to market competitors,so as to establish foundation for the next discussion.Part 2:Reasonable analysis on Industry Association owning market regulatory power.This part is divided into two sections. The first section describes the theoretical basis of Industry Association owns market regulatory power,pointing out that the production and development of governance theory,civil society theory and third sector management theory provides a theoretical support for Industry Association participating in market regulation. The second section describes the realistic significance of market regulatory power of Industry Association,noting that preventing market failure,avoiding and compensating the lack of market regulatory power of government are the realistic demand for Industry Association participating in market regulation.Part 3:Acquisition and implementation of market regulatory power of Industry Association in China.This part is divided into two sections.The first section mainly describes the acquisition of market regulatory power of Industry Association in China, pointing out Industry Association mainly authorized by law,governments as well as members transferring its power to the association.The second section describes that Industry Association in our country participating in market regulation by formulating industry standards and technical standards, resolving international trade disputes,implementing industry self-discipline regulation,conducting market access and certification,etc.Part 4:The main obstacle encountered by Industry Association when it implementing market regulatory power.This part discusses the following five aspects:First,due to the transformation of government functions is not very suitable,the Industry Association is difficult to have market regulatory power.Second, Industry Association participating in market regulation don’t have enough confidence since the laws and regulations are not perfect. Third,private interest of Industry Association results itself violating the order of competition.Fourth,self-discipline and self-supervision mechanism of Industry Association is imperfect.Fifth,inadequate social resources affect Industry Association participating in market regulation.Part 5:Improving direction of market regulatory power of Industry Association in China.First,on the basis of clarifying the relationship between government and Industry Association,the government should gradually transfer part of its market regulatory power to Industry Association. Second, promoting the legislative process of "Industry Association Law",pointing out the market regulatory power as well as prohibitions of Industry Association clearly,and violating prohibitions shall bear legal responsibility.Third,by the way of formulating self-discipline regulation,building self-discipline organization,establishing channel of examining irregularities, improving the authority of punishment and other ways to build a perfect self-discipline and self-supervision mechanism.Fourth,the government and the society should strengthen external supervision to Industry Association,in order to prevent the Industry Association abusing its market regulatory power.Fifth,Community should provide all aspects of helping including funds,laws and regulations,public opinion and so on to support Industry Association participating in market regulation.Lastly:conclusion.Through the above discussion,the paper points out that while the status of Industry Association participating in market regulation is unsatisfactory,but with the gradual formation of "small government,big society",giving the Industry Association market regulatory power,so as to realize diversified supervision to market players is bound to be the trend.