Study On The Power Of Trade Association Under The Perspective Of Economic Law

The beginning of the 1980 s reform and opening up of the market players in the regulation of this point of view, belongs to the state and the gradual decentralization process of building the new market regulatory system, and this process is also the process of rapid trade associations flourish. March 2013 by the State Council issued the "State Council institutional reform and functional transformation program" clearly states that the gradual decoupling of fast forward work trade associations, chambers of commerce and the executive authorities, strengthen self-discipline within the trade, efforts to complete the trade associations in the provision of services, demand response and regulate market behavior task. As can be seen from the file, the state has fully recognized the important role of trade associations in the governance of the country.Industry association in our country is in the same market main body to maintain industry common interests and volunteered to set up a social organization with the status of a legal person, and industry association power refers to the industry association for members to enact and enjoyed by the power of a kind of power, the power is mainly derived from the same industry internal members let authority, legal authority and administrative entrust, authorization from three aspects.Due to the special process of socialist modernization construction in China and the path, originally is given priority to with official industry association, as the subsidiary departments, the state administrative departments have a certain number of administrative power. With the deepening of the reform and opening up and the sustained development of social economy, the industry association has gradually from countries, as a special market main body, the national big background, implementation and better to delegate responsibility to undertake the responsibility of the government functions gradually. Power enjoyed by industry association, however, including the scope of what, what belongs to the nature, what kind of problems in the reality, what is the cause of these problems, such as how to improve to a great extent, decides the development prospect of the industry association. For the industry association legal main body status of the positioning is particularly important, this paper tries to give industry association from the perspective of economic law status of subject of the economic law, and the construction of power system and improve the support. Power is inherent in our country, industry association content is not clear, operation is not in place, supervision, and other characteristics, in order to solve the above problem, must first solve the problem of a few basic: association of industry and government and the enterprises should have a relationship should be what kind of? Industry association in modern China should undertake what kind of function? Whether can draw lessons from experience of other countries’ more mature? In response to the above three questions, the author thinks, industry association the improvement of the power system can be thinking through the following aspects: industry association legislation; Improve industry association right system,improve the industry department supervision system.