Research On Legal Promlblems Of Autonomy For Tradeassociation

With the social and economic development, industry associations have become apower in the middle of the state and society, who plays an important role. Not onlyprevent the occurrence of market failure, but also effective alternative to governmentfailure. There are lots of researches on industry association. This article embarks fromthe relations with the countries, the research of the operation situation of our countryindustry association autonomy, and based on the developed countries of the referenceto the relevant industry association autonomy system. The profession associationautonomy of our country puts forward some suggestions for the perfection of legalsystem.This article is divided into four chapters, which includes the professionassociation autonomy theory, basis, the present situation, the reference, perfecting ofthe problems.The main purpose of the first chapter is the theory of autonomy, legal basis andcontent. The essay is based on the theory of pluralism and the theory of corporatism;it is also based on the theory of market failure and government failure. This paperexpounds the profession association autonomy the rationality of existence. Afterintroducing the profession association autonomy law, illustrate its legitimacy. Finallythe paper introduces that associations’ autonomy generally contains four abilities,making the rules, the authority of supervision, the power of punishment and theauthority of settling the dispute.The second chapter of the operation situation of the profession associationautonomy in China classification, and the problems are put forward. Specifically, it isdivided into two types of industry association. The first is an official industryassociation, the second is run by the local industry association, for both industryassociations in this paper, from the right of autonomy of the source, sources of funds,personnel composition and content of the autonomy four aspects, the different profession association autonomy under the present situation, analyzes advantages anddisadvantages of running.The third chapter of Germany, Japan and the United States industry associationautonomy present situation launches the research, due to the different history, cultureand system background, the development of the industry association, distinctivenational legislation for industry association also each has his strong point, the threeindustry association autonomy and the relationship between the executive power isthe emphasis of this essay, in order to help the profession association autonomyperfect legal system in China.The fourth chapter is based on the three chapters above.the writer analyses theproblems of the associations and give some advises of the legal problems.The advisesare focused on the redefinition of the relationship between the associations’ autonomyand the executive power, and the perfection of legislation and associations’ autonomyitself.