Study On Trade Association Autonomy

As an important social group,trade association plays an important role in protecting its members' profit and avoiding the trade risk from market or government.Due to the reason of history and national conditions,the forming mode of China's trade association differs from the mode of the West which promoted by social power from the bottom to the top,instead promoted by government from the top to the bottom.This development pattern makes trade association rely too much on government and has weak awareness and poor ability of autonomy which further causes the problem that the use of trade association autonomy cannot satisfy the demand of the socialist market economy with Chinese characteristics in comprehensive reformation.Trade Association Chamber of Commerce and Administrative Organ Decoupling General Plan which came out in 2015 marks the beginning of a new round of association reformation.However,the use of trade association autonomy is still facing a lot of problems.This paper analyzes and studies these problems and tries to put forward constructive suggestions.First of all,it introduces the basic concept,nature and classification of trade association and trade association autonomy.Then it clarifies the extension of trade association studied in this thesis.The trade association studied in this thesis is a non-profit social organization which is formed voluntarily by individual or group in same industry and related industries to achieve the industry autonomy and trade association autonomy.This thesis excludes all kinds of research association,religion association,and the association established only because of interest and hobby and without industry support like writing association.This thesis analyzes the laws and regulations,administrative normative documents,typical case and constitution of China's trade association starting with the typical case.Through the research,the writer found that the problem of trade association autonomy operated focus on the management of administrative agency,trade association organization and the management of trade association members.When analyzing the problem of trade association autonomy,this article uses Proportionality principle as theoretical basis to review the necessity of the management of trade association register at first;then after analyzing the data of written decision of administrative penalty in concrete province,the writer found the conflicts of rights and obligations between management of administrative and trade association autonomy.Therefore,the management of administrative agency to trade association is still strict.Trade Association Chamber of Commerce and Administrative Organ Decoupling General Plan with the sprit “reform but still manage” makes trade association still under the management of administrative agency in many aspects,such as register,business,annual inspection,evaluation,constitution.The space of trade association autonomy operated still narrow.The organization of trade association itself also has the problem of inappropriate settlement.The inconvenient of holding The Member General Assembly causes trade association council as execution agency with part of decision power.The power of board of supervisors is not strong enough to supervise council fully and effectively.Therefore,these problems such as the supervisory mechanism are not effective,members get relief difficultly influence the trade association autonomy operated seriously;The unclear rights and obligations between trade association and members cause the ambiguous boundary of trade association autonomy and enforcement law.These questions can easily cause problems of the value conflict between trade association autonomy management and national policy of ensure fair competition in the market.Through analysis,this thesis finally starts with the enlightenment obtained from the typical case of U.S,raises suggestions from three aspects that loosening the administrative control,optimizing the administrative management,promoting the reformation of trade association organizations to strengthen the independence of corporation personality of trade association.