| With the rapid development of China's market economy, trade associations have also shown a booming trend. During recent years,the numbers of trade associations of national and local surge, and the scale of organizations and social influence expand. Those arouse more and more attention from the society. Meanwhile, in daily operation process industry associations also produce a variety of problems. Both the administrative department and the legal department are aware of the necessity and urgency of regulating industry associations. This is not only good for perfecting management system of our country's industry associations, and promoting the healthy development of industry associations but also has the important theoretical and practical significance in China's socialist market economy system construction, democratic political construction and building a harmonious society.This thesis is divided into four sections except the preface and the conclusion. The primary contents are as follows.The first section is the essential questions of Trade Association. The autonomy of Trade Association is a process of self-management and self-service, its emergence and development bases on economic prosperity and the changes of social structure. In the situation of double failure in the market and the government's case, we need Trade Association work as the public administration organizations in order to regulate the activities of economic sectors so as to resolve social contradictions.The second section is the theoretical analysis of the autonomy of Trade Association. The autonomy of Trade Association mainly comes from the authorization by law, the commission of the government and the authorization by contracts. Its main contents include the right of rule-making, supervision and management rights, the right of punishment and dispute mediation right. As seeing from the nature of the power, the autonomy of Trade Association is a mix of public rights and private rights, however, its essence pertains to the public areas of the executive power and it is on behalf of a particular public interests in the economic field.The third section is the existing circumstances and problems of our autonomy of Trade Association. At present, the Trade Associations in our country don't have strong sense of service during the process of internal autonomy, and in the external autonomy, they always violate the legal interests of other societal public by taking sides with the interests of the trade. Coupled with the system which the administration's supervising on Trade Association is rigescent, and the system of legal norm which has many margins has not been sane, so that the status of Trade Association in litigation is not clear. These problems directly restrict the sound development of Trade Association.The fourth section is about improving the administrative regulation of Trade Association's autonomy. Based on above, this section firstly proposes a sound of suggestions about how to improve the administrative regulation of Trade Association. In order to clarify the status of Trade Association in litigation, the author believes that we should radicate the status of the subject of administration, and bring the disputes between Trade Association and its members into the scope of the administrative justice. Secondly, the scope of judicial review should be adjusted gradually by the accumulation of evidence in order to control the number of actions to prevent abuse complaints. In the regulation of autonomy, it should highlight the judicial rules and weaken the regulation of the executive authorities. What's more, administrative regulation should focus on the principle of proportionality. |
