Study On The Dispute Mediation System Of China Trade Association

With the perfect ending of the remarkable achievements of the twelfth Five-Year Plan and the good start of winning well-off of the thirteenth Five-Year Plan, the National People put more expectations to new normal economic development. At the same of escalating economic restructuring and deepening reform, Enterprise unleash vitality, bringing the conflict increasingly industry and specialization. Economic self-regulatory organization as an important subject of market regulation law, our country attach great importance of trade association in social governance and the rule of law construction.Since the implementation of the case registration system, all kinds of civil and commercial disputes have already been resolved through legal channels pronely. That is no doubt that courts are addressing the growing number of disputes. As non-governmental and non-profit organizations, the trade association has the most important function in the dispute settlement of the industry. Mediation of industry associations have the advantage of flexibility, professional and acceptance, which plays an important role in reducing the burden and pressure of the court.However, there are still a lot of problems in the practice of the dispute mediation function of the trade association. We need to improve the relevant measures to ensure the implementation of the industry association mediation work. Therefore, in the current situation that the reform of trade association and the administrative organs separation, it is extremely necessary to conduct a thorough and in-deep study of the system, which is the value of this paper. On the basis of the theoretical explanations of the industry association and its dispute mediation function system, this paper puts forward suggestions to improve the problems in the practice of the industry association. The full text is divided into four parts:The first part is the introduction, The first section introduces the background and significance of this thesis; The second section describes the current situation of the domestic and foreign research status of the industry association mediation system; The third section points out the research methods and innovations of this paper.The second part is an overview of the dispute mediation system of our country industry association. Firstly, it describes the connotation of the dispute mediation of the trade associations, including the concept, the characteristics and the legal value of the industry association; Secondly, it explains the theoretical basis of the legal nature of the dispute mediation of the trade associations and the clear rules of the current law; At last, it analyzes the necessity of the industry association dispute mediation, including the positive role to the parties, the court and the whole market economic order.The third part is the problem of the system of China’s Industry Association disputes mediation. According to the investigation report and the visit to some industry associations, I have summed up the legislative status of the dispute mediation, the internal and external obstacles. That provide the thinking dimension to the next chapter of improving the dispute mediation system.The fourth part emphatically focuses on the improvement of the mediation system industry assocition. According to the problems in the system, the countermeasures are put forward, such as improving the legislation, strengthening the financial and personnel guarantee, ensuring the full exercise of the autonomy, the combination of the court proceedings and mediation, in order to have a good development of the market economy and social operation.