The Research Of The Associational Autonomy From The Perspective Of Economic Law

Now China is in the social transition period, a variety of industry associations are emerging. As autonomous organizations, industry associations are both a communication bridge between the government and market players, they exist independent of government and market players, and to achieve the common interests of a particular industry for the purpose of fulfilling the unique services and management functions. In the power of the industry associations, autonomy is undoubtedly the cornerstone of the operation of the industry associations, the basis of the power. The lack of existing law procedure regulation industry associations of autonomy and accountability mechanisms, resulting in industry associations in the course of the exercise of autonomy against the legitimate rights and interests of members or others, and Economic Law on the autonomy of the trade associations is particularly urgent.Start from the dominant position of Economic Law as defined in industry associations, in-depth analysis of the nature of the autonomy of trade associations, and on this basis, focuses on how to program regulation and responsibilities of the autonomy of the trade associations investigated. Author industry association, the autonomy of the economic regulatory system as the core, from the following four aspects:The first part of the dominant position of Economic Law on the trade associations was defined. In this section, I first of all from a broad perspective elaborated industry association as the eligibility of the Economic Law, in turn, defined the situation of the industry associations as the regulation of the main body of Economic Law and controlled the main. As an economic and legal relationship between the participants, industry associations enjoy Economic Law on the right, obligations and bear the responsibility of Economic Law on the characteristics fit the intermediary and Economic Law jurisdictions, its purpose and value targets of Economic Law are consistent. In terms of maintaining the market order, regulate members of the conduct of operations, make sure the industry standard, industry associations can be used as a regulation of the main body of Economic Law; Industry association members to make a fixed price, and divide up the market to resist the behavior of transactions, especially the Economic Law controlled the attitude presented.The second part is the nature of the autonomy of trade associations in-depth analysis. In this section, I first described the profound meaning and the significance of the autonomy of the industry associations, and industry associations the right source of obtained internal members of the industry associations through the private right of contract transferring autonomy of the essence of the right sources. On this basis, the author, the nature of the autonomy of trade associations in-depth analysis, believe the autonomy of trade associations is a power, not a right; is a social power, not a state power.The third part of the program on the autonomy of the trade associations regulatory issues was discussed. In this section, I first explained from two aspects of the theory and practice of the procedural regulation of the need for industry associations, and pointed out that trade associations program regulation to follow the principle of full respect for and protection of the autonomy principle, limited regulation, the legal principle of giving priority to, the principle of legal reservation. On this basis, the author proposes making process through sound self-government rules, complete the internal operating procedures, the establishment of internal oversight relief program to the prior matter, after the regulation, and thus improve the autonomy of the trade association of China program regulation.The fourth part of the autonomy of trade associations accountability mechanisms detailed described. Industry association of autonomy accountability mechanisms, there are two points, one is internal accountability mechanisms, accountability through the industry associations within the hearing, review and appeals system; another external mechanisms of accountability, the author proposes that the introduction of judicial moderate review of accountability to the autonomy of the trade associations, in its judicial review should remain prudent and modesty attitude, reasonably qualified to review the scope and intensity, to prevent the autonomy of the judiciary to interfere unduly with the industry associations character.