The Autonomy Relationship Between Chinese Industry Association And Its Members

The industry association is a major organizational and systematic innovation which is different from state system and market system. The vigorous development of Chinese industry association gradually aroused the great attention in academic circle. However, the rapid development also leads to many problems and contradictions in industry autonomous. What’s the legal relationship between the industry association and its members? How to secure the rights of members? How to balance the industry autonomy and public power? To answer those questions will promote the long-term development of the industry association in China. The legal relationship between the industry association and its members is one of most complicated legal relationship. This paper mainly focuses on industry autonomy which will be discussed from the perspective of administration law. Taking Guangdong Property Industry Institution as a case, study its organizational structure and autonomy charter to know the general situation of the industry autonomy, including the establishment, the constitution of mechanism, function and business, capital source and uses, the right and obligation of members, etc. In industry autonomy, administration authority coming from different sources makes it different in property. There are three sources of administration power in Chinese industry autonomy which is from the law, the government delegation and the internal empowerment. The autonomy relationship based on the internal empowerment is still in the fuzzy zone of Chinese positive law. On legislation, there is no specific law about industry association. On the administration, industry autonomy lacks legal responsibility mechanism. On the judiciary, association members lack effective legal relief. Chinese industry autonomy should be legally recognized and supported. First, we should have a correct understanding of industry autonomy relationship. Because of the inequality relationship between the industry association and its members, industry autonomy should be included in the category of public law. Second, improve related legislation on industry autonomy. Finally, a moderate interference of jurisdiction is necessary to protect association member’s right.