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Study On The Legal Problems In Construction Industry Association

Posted on:2016-07-10Degree:MasterType:Thesis
Country:ChinaCandidate:X YanFull Text:PDF
GTID:2296330467983357Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the rapid development of the industry of our country, the market economy structurehas been adjusted, the development direction of China’s government should tend to servicemarket, the addition of different industries in the organization process provides favorableconditions. In the current social and economic system environment, more and more influentialindustry organizations. The current international economic market development is vary fromminute to minute, the development of China’s economic structure is also very fast, which linksall cannot do without the industry organization. Industry organization has characteristicssimilar to the intermediary, the protection of the public interest at the same time, to ensure thatmembers of the service industry, and industry management, this kind of behavior in line withthe law of social development, people’s democratic features are reflected. However, thecurrent situation of the development of industry association is not optimistic also deserves ourattention, specious accounted for the vast majority of the industry associations, industryassociations on the effective management to the industry, the provision of public services didnot play its due function;"two government" is another part of the industry association play inthe role of social function, this kind of industry associations to neglect the function, reducedto a government mouthpiece and maintenance. Such confusion leads to the characteristics ofthe industry organization positioning is not clear. However, some behavior is not negative, forexample, in a foreign country against dumping, industry organizations to help members of theproceedings and to obtain the corresponding results. But on the whole, the healthydevelopment of the industry, the healthy development of enterprises, industry associationswill need strong service and service provide, it is lack of the stage of the industry association.The research content is divided into five parts to discuss, first of all, is to discuss theproblems of industry organization.This chapter first introduces the different scholars have different understanding of theconcept of Industry Association, on the basis of the views of scholars on the concept ofIndustry Association shall make the following statement:In order to realize the comprehensive benefits of different industries, the construction ofindustry organizations, and has the certain members, is a corporate organization, theorganization is the nature of the public, private property and self supervision. Firstlyintroduces the historical status of industry organizations at home and abroad, and thenindicates that the current industry organization in the development of foreign and domestic development. Then the difference between the express industry organization.The second part mainly introduces the internal and external two aspects, explains the roleof industry organizations show. The so-called internal functions are mainly embodied in theprofession autonomy, autonomy is reflected in the industry association of industry regulations,Industry Association of industry regulation, industry associations, industry associationsdiscipline dispute settlement and arbitration; external action is the main industry organizationsto represent the public interest in the nature of the industry organization, decision making inthe administrative institutions and the industry organization in the dumping process.The third part is mainly on the establishment of industry organization of foreign law, andthe application of their behavior. This chapter describes three typical models, they are: thefree nature of the industry organization, in another words, common type; nature of theindustry organization, which is another way of Germany and France; and Japanese industryorganization. Next, is our country built on industry organization how to reference theexperience of foreign legislation the industry organization.The contradictions and the fourth part mainly explain the legislation of China in theprocess of the development of industry organization. The current legislative situation of tradeassociation in our country, we can see the relevant provisions from the constitution, othernational laws and regulations and local laws and regulations, it is not difficult to see that theindustry association in China many problems exist not only in the aspect of legislation, thereare also many problems in practice.The fifth part is to solve a part talked about the problems in the development of industryorganization, and perfect the legislation. First, determine the status of the industryorganization in the law; secondly, strengthen legislation, industry organizations to actlegislation to provide constructive opinions; expanding the functions of industry associations,the external environment is the transformation of government functions to stimulate thevitality of social organization, is involved in social service and the supply of public products,expand the function of association in the construction industry; organizational issues, the keyproblems to be solved is how to adjust the internal structure of industry organizations andimprove the industry layout.
Keywords/Search Tags:industry, organization and legal status of the industry
PDF Full Text Request
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