On Liability System Of Trade Association Monopolistic Conduct

With the development of market economy and gradual deep of political structure reform in China, trade association is attracting more and more attention. Trade association is set up spontaneously by its members and marked by its trade. It is a non-profitable, non-governmental and of mutual benefit economic association legal person. Trade association bridges the communication gap between government and enterprise, reflecting its own opinion to the government and delivering the viewpoint to the enterprise. It plays an important role in service, self-discipline and consulting. But everything has its advantages and disadvantages; when there is a contradiction between trade association interest and social integrated interest; trade association will protect its own trade interest instinctively to maintain trade association members. So the duality of monopolistic conduct is caused, which is, on the one hand, to promote the healthy development of market economy; on the other hand, to make use of its advantage to conduct monopoly to destroy normal market order. Trade association monopoly problem becomes more and more serious day by day, it threatens the interest of consuming subject seriously and becomes the principal factor restricting market competition system. So it is necessary to perfect the rules of trade association monopolistic conduct liability system to promote the benignant development of trade association.Throughout our laws, there is no specialized legislation on the trade association. The traditional legislation cannot apply to adjust complicated trade association monopoly relationship. In China, trade association monopolistic conduct liability system is involved in the "Anti-monopoly Law","Consumer Protection Law" and "Price law". But the legal provisions are mostly brief and rough, which are difficult for the court to identify the responsibility of trade association monopoly. The same case has different sentences also appear in judicial practice, which affects the authority of laws. So making trade association monopolistic conduct liability system has important practical significance. This paper is started with the basic concept of trade association monopolistic conduct liability system to introduce its value and theory basis. It elaborates the necessity of setting up trade association monopolistic conduct liability system. By confluence analysis of subject, application condition and criminal responsibility to introduce extra field trade association monopolistic conduct liability system, this paper uses extra field related rules for reference combining China’s national condition. It focuses on elaborating drawbacks of trade association monopolistic conduct liability system. In order to make full use of playing the function of trade association principle, this paper analyses administrative responsibility, civil responsibility, criminal responsibility and forgiveness system one by one with offering advices to perfect trade association legal responsibility system.