The Legal Responsibility Of Trade Association Because Of Restriction To Market Competition

As an important component of the market economy, trade association is playing animportant role in the market. However, because of its position and the limitation of theinterests of the trade association, when the interests of the trade association conflict with theinterests of society, the trade association may destroy the interest of the community for itsown advantage and disrupt the order of normal market. In the current context of thelegislation of trade association, China's law on the system of the trade association's legalresponsibility is not perfect. In order to adapt the trend of economic globalization, improvethe responsibility system of the trade association is of great significance for the healthy of thesocialist market economy.This paper is on the theory of economic law and make full use the comparative legalresearch methods. Firstly, it analyze the reason of trade association's behavior of restrictcompetition and the characteristics and the specific performance, which lay the foundation toclarify the behavior of trade association. Secondly, it explore the foreign law about the legalresponsibility of trade association, including administrative responsibilities, civil, criminaland self-responsibility and responsibility of the principal. On the contrast, our law is notperfect. In order to play the function of the trade association, we make full use of foreignoutstanding achievements and combine with the actual situation of China'trade association,recommend to improve the executive responsibility, determine the civil liability, clear thescope of accountabilityand establish the forgiveness system.