Research On Legal Rules And Regulations Issue Of Non-local Chamber Of Commerce

The chamber of commerce has a long history in our country.It occurred with the development of commodity economy as early as feudal period when the thought of “policy of physiocracy and restriction of business” was prevailing.Until modern society,organization of chamber of commerce has become an important participation subject of commercial activities in social and economic life.However,The research of academic theory on system of chamber of commerce is still at a relatively primary stage.Theoretical research of system of chamber of commerce,or to be precise that legal research is inconsistent with a part in which the chamber of commerce plays in practice and status of chamber of commerce.The chamber of commerce is as a participation subject of legal relation of commercial affairs and belongs to a range of commercial law norms.Therefore we should carry on system improvement of chamber of commerce through the way of commercial legislation.The chamber of commerce has many kinds of forms in practice.For non-local chamber of commerce,owing native place of members of chamber of commerce separates from the place where they live,which makes non-local chamber of commerce has special aspects that separate from local chamber of commerce and industry association.The paper takes non-local chamber of commerce as an object of study,discusses problems that non-local chamber of commerce has in modern society and puts forward relevant solutions when aiming at this kind of problem.At present,most areas within a national range have carried on legal guide for the chamber of commerce through local legislation.However,today our country is still lacking in nationwide unified legislation of chamber of commerce.The absence of unified legislation makes the chamber of commerce lacks definite guide in practice.Non-local chamber of commerce,owing that its native place has differentiation from the place where members of chamber of commerce live,has special responsibilities like connecting economy of two places and promoting attraction of investment and capital,etc.Meantime,owing to its particularity,non-local chamber of commerce has problems like that it overly depends on personal influence of leaders of chamber of commerce,it repeatedly sets,the management between government and it is not definite,etc.Therefore,legal solutions sought for the above problems of non-local chamber of commerce become a work focus of promoting function display of non-local chamber of commerce.Through visiting Wenzhou area where development of system of China's chamber of commerce is the most perfect and carrying on an on-site investigation for non-local chamber of commerce of Changchun area(it is mainly Fujian chamber of commerce in Jilin),we master relevant first-hand materials of non-local chamber of commerce,make that problems of non-local chamber of commerce which we discuss are common and have research value in practice,and put forward solutions with target,and guarantee that research subject can offer theoretical guide to development of non-local chamber of commerce and does not deviate from practice.Through theoretical and practical summarization,the paper holds that when discussing problems of solving dual management of non-local chamber of commerce and unsound internal governance structure,we should confirm autonomy management mode of non-local chamber of commerce at first.Autonomy of non-local chamber of commerce emphasizes that management of chamber of commerce deviates from administrative organ,which adequately guarantees that internal management of chamber of commerce is free of intervention from administrative organ,gives autonomy right to the chamber of commerce,and guarantees that management function is adequately brought into play.Meantime,emphasizing that the chamber of commerce deviates from administrative organ does not refer to that there is no connections between two parts.However,we should correctly deal with two parts' relationship.Owing that a main responsibility of non-local chamber of commerce lies in representing members of chamber of commerce to participate in economic activities.When insiders' rights and interests are infringed,non-local chamber of commerce maintains rights as a collective organization.At the moment the relevant administrative organ should be responsible for dealing with problems that the chamber of commerce describes.Therefore,emphasizing autonomy of non-local chamber of commerce is the autonomy of internal management level of chamber of commerce.However,we should confirm management relationship between administrative organ and the chamber of commerce in foreign relations.After establishing the premise of autonomy management of chamber of commerce,we need to supervise and restrict autonomy rights of non-local chamber of commerce in order to prevent abuse of autonomy rights of chamber of commerce.At first social supervision should be brought into play with methods of the public supervision,the media supervision and information disclosure to guarantee that non-local chamber of commerce can be actively responsible when performing function and power.On the basis of giving consideration to social supervision,the most effective ways of right restriction are formulating nationwide unified legislation,definitely stipulating contents from legal perspective like composition,organization as well as governance structure of non-local chamber of commerce,and rights and obligations of non-local chamber of commerce,etc.and finally guaranteeing that non-local chamber of commerce can adequately play its role as a participant of commercial economy.