The Soft Law Construction And The Autonomy Of Industry Association

With the actual needs of multi-subjects,diverse interest claims and civil rights and freedoms,national laws that rely on national,coercive guarantees will inevitably leave gaps in the face of colorful and complicated social relations.The place just provided space for the emergence of "soft law." The so-called soft law refers to the social community members involved in the formulation or recognition,does not rely on national coercive guarantees to implement,but has a practical binding force on the behavior of community members norms.The formulation of soft law is the result of democratic consultation among community members.It can intuitively reflect the appeals of members of the community.Its effectiveness depends on the recognition and obedience of the members of the community.It is a code of conduct that has no legal restrictions but has practical effects.The manifestations of soft law are various.As one of its manifestations,the norms of industrial autonomy are an important supplement to national laws and have played an important role in regulating social order.Industry associations are social organizations and are non-profit social organization legal persons.Industry associations in the process of industry management and service,the rules and norms used by members to participate in,consensus developed to regulate the specific behavior of their members,is the industry autonomy norms,which is based on the members of the consent to generate,based on the members of the voluntary And accept its constraints.From an attribute point of view,the spirit of equality,democracy,and consultation embodied in the industry autonomy norms formulated by industry associations in the management and service process is fully consistent with the basic concept of soft law,and the contractual relationship and integrity relationship embodied in practice are also All conform to the basic form of soft 'law.Under the"public governance" model of open consultation and complementary advantages,the industry association is one of the plural governance entities of the society.It uses its own industry autonomy norms to improve the market mechanism,regulate market behavior,eliminate social conflicts,maintain social order,etc.The party plays an obvious role.It saves the cost of managing the society through its own inclusiveness and flexibility,and it also effectively compensates for the lagging and rigid state laws.Therefore,the sound and effective construction of soft law such as industry autonomy is very necessary in the process of advancing the construction of the rule of law and the rule of law.This article examines the reasons for the self-government association's self-government soft law,the soft law attributes of the autonomy of industry associations,and the institutional practice of autonomy of trade associations.It fully demonstrates the basic functions and unique advantages of industry autonomy as a soft law and passes it.The basic orientation of the self-government soft law construction of trade associations is the industry autonomy norm,which is a soft law specification procedure setting,normative convergence,and soft law evaluation of the goal of the rule of law.