On The Consummation Of Legal Statue Of The Guild

The discussion of the legal status of the Chinese guild has become the focus of dispute of the academic circle. It is especially important to clarify the independent legal status of Chinese guild and display the function of Chinese guild in economic life.Therefore, how to define the guild? Which aspects does the legal status of guild display in? Which can we obtain inspiring from the development of overseas guild? How to clarify the legal status of guild?With above train of thought, this article is divided into seven chapters to discuss above questions. The first chapter is the introduction part, which is mainly explain why I choose this topic, the goal of this topic, the significance of research, the domestic and foreign research situation and the key, difficulty and innovation of this article. The second chapter discuss the background and present situation of Chinese guild. It carries on the definition, the legal nature and the type and the functions of guild. It discuss the background of guild from political, economic and social aspects. The third chapter is discuss the legal status of guild as the civil agent from the rights and duties as well as the civil liability of guild. The fourth chapter discuss the legal status of the guild as the administrative agent from the origin of the public power as well as the rights and duties of guild. The fifth chapter discuss the legal status of the guild as the administrative opposite agent from the rights and duties of guild. The sixth chapter discuss the legal status of overseas guild from the function, the operation mode and the independence of foreign guild, which brings some enlightenment. The seventh chapter mainly discuss the problems of the legal status of the Chinese guild. For example, it lacks the unified legal norm, the function is indistinct, and the governing ability is imperfect, and it excessively dependent on the government and lacks the independence. The eighth chapter put forward some proposals to clarify the legal status of the Chinese guild. Itclarify the independent legal status of the guild from the nature, the activity principle,supervision and function. And it point out that the importance of the reform is the decentralization of nation and society. Furthermore, the article proposes to draw up The Law of Guild. It also carries on the de-administrative reform of guild and improves the governing ability.Therefore, this article is not simply discuss the legal status of guild. Moreover, it learns the develop experience of legal status of foreign guild. With pointing out the defects of legal status of Chinese guild, the article proposes some advices for clarifying the legal status of Chinese guild. The innovations of this article are the compliance supervision and the de-administrative reform.