| In the current political and economic reforms into the deep water in the background, therole of markets in the economy has been further strengthened, which also means that thegovernment withdraw from further micro-economic governance, social autonomousorganizations will play an important role in the future of social governance, and The productwill be the industry’s trade association as corporate governance autonomy in the industry tosafeguard the common interests of enterprises in the industry play an important role in theprocess. As an industry association autonomy important part of the right to non-legalpunishment is to overcome the "collective action dilemma", an important guarantee forindustry associations to strengthen governance. Currently in academia, more scholars aremore concerned about the right to punish non-legal and legal right to punish punishment inthe research industry associations and temporary differences in social governance, therelationship between legal and non-legal penalties to punish right right right punishment forthe industry association Research to run the program is still relatively small.This paper is divided into six parts, as follows:The first part is the introduction, focuseson theoretical and practical significance of the subject, in theory, trade association for thestudy of economic law has injected new vitality, industry associations are among civil societyand political power among nations, exactly in line with Economic third field characteristics,and through the collection and summary of the previous literature, I found that the academicstudy of the industry association for more autonomy within industry associations to stay inthis great proposition, not much research on the right punishment for disciplinary Mechanismof operational procedures and even fewer.The second part is an overview of punishment Industry Association, the basic theory ofthis part of the main trade association analysis punishment, including the nature of thepunishment industry associations, category, meaning, through the internal relations industryassociation analysis, we found that, in fact, industry associations there is a group composed ofa series of contracts, is actually a deed constraints, industry associations and disciplinarymechanisms accountability mechanisms in fact breach the trade association contract; the kindof punishment industry associations including honorary punishment, property penalties, collective boycott, expulsion would membership, focused on various means of punishmentcharter industry associations; the significance Industry Association punishment is toovercome the dilemma of collective action to protect the industry associations to achieveautonomy.The third part introduces industry associations perfect sense to run the program, first inlaw, the proper procedure is visible just easier to convince people, in a sense, law is theprogram; on the other hand, from the hair economic point of view, the due process of justicein favor of cost savings; and most importantly, the proper procedure is to protect human rights,this is an accepted fact. Industry associations legitimate punishment run program can enhancethe credibility of industry associations punishment, and improve the efficiency of punishment,protection of the fundamental rights of members; for society, proper punishment to run theprogram helps efficacy flower industry association of social governance, prevent Industryassociations organize disguised monopoly agreement.The fourth part describes the basic requirements of industry associations punishment torun the program, this section take normative analysis, discusses industry associationspunishment ought to run the program mode, ideal for industry associations punishment shouldbe done within the organization running the program a clear division of powers exercisedchecks and balances; ruling shall remain neutral; to ensure the rights of persons to bepunished, such as the right to information, the right of defense; In addition, the establishmentof effective relief mechanism is also essential.Part V describes the extraterritorial industry associations and disciplinary mechanisms ofmodern business to help our country, such as the German community court system, thejudicial review system, arbitration award system; two-tier board system in France; Japandisciplinary mechanisms for community multi-level legislation. In addition to theextra-territorial legal system, China’s modern business to help the industry disciplinarymechanisms same significance, non-legal disciplinary mechanisms to help our suppliers toimplement mainly rely on customary law, the type of punishment including property penalty,penalty drama, its penalty decision process is determined by the line of the first to do first,disagrees with the decision of the first line, first decided by the Hall Council disagrees with the decision to be the first by the official decision, that is, the right punishment in modernbusiness to help relief system follows the principle of exhaustion of internal remedies.Part VI describes the defects and measures to improve the current trade associationpunishment of running the program, the current punishment of industry associations to run theprogram are the following defects, first, to exercise the body is not clear, long-term presenceof a trade association of two men brand issues, industry associations and institutions,administrative units confused, which led to the punishment is not explicitly made subject;secondly, the lack of legislative procedural provisions for punishment of industry associations;third, China’s trade association also the lack of punishment prescribed procedures; fourth, thelack of relief system. To solve the above problem, I propose the following sound advice, firstof all, it should pass legislation to improve the range of punishment Industry Association, theavailability of species; secondly, to establish a unified punishment should run the program;the most important is the perfect relief mechanism, I think judicial review proceedingspunishment should be used in civil proceedings. For those who are punished losscompensation, the compensation fund can be established within the industry association. |
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