Research On The Identification Of The Administrative Subject Qualification Of China's Industry Associations

Industry association is the inevitable outcome of the commodity economy development to a certain extent, it is an important part of the public sector of creation, it is a natural channel connecting individual country and industry, the development of market economy of one country is more perfect, the role of industry association in one of the more important, the mandatory characteristics of power industry association has the administrative color, and would be able to as the administrative lawsuit defendant need to investigate the nature of the subject, the industry association in what identity to participate in litigation, is the aim, we discuss the subjectivity for later about the administrative dispute resolution industry association in China to provide theoretical support, this article mainly from the following three levels.First of all, the paper's introduction, mainly elaborated for the purposes of this article choose to explore the cause of the administrative subject qualification of the domestic trade association, the current domestic and foreign academic circles for industry association subjective qualitative view, study the problem and the significance of theory and practice of writing methods, ideas and institutional framework of this paper.The second is on the text mainly divides into four parts, the first part through the origin, meaning and characteristics of the industry association for the organizational structure of the industry association analyses; The second part is in civil and commercial law, economic law and administrative law main properties of three dimension analysis law association; The third part is the acknowledged industry association under the premise of administrative subject qualification through advance, matter and afterwards specification to exercise its power; The fourth part is the current reality in our country due to the industry association of litigation cases in the legal practice is less, so from the continental law system and Anglo-American law system for the attitude of the industry association in the imagination in the administrative practice and judicial practice in our country for industry society main body position.After a part of the paper is based on the former part, on the basis of the origin and development of industry association characteristics determine the industry association in the administrative main body of the "power", "name" and "accountability" features, and in certain industry association under the premise of the administrative subject qualification, put forward about the administrative organs and judicial organs to guild the exercise of public power supervision, eventually make the article rests on the industry association for administrative reconsideration of the applicant and for the defendant of administrative lawsuit, administrative subject qualification before and after the echo and recognized industry association.Finally the conclusion again under the background of administrative decentralization in our country, our country the status of the industry association will have new change, play a more important role in the social management, showing a has its own characteristics and the nature of the administrative subject, so the industry association after the discussion of the administrative subject qualification for the theory and practice of administrative law is of great significance.