Study On The Legal System Of Chamber Of Commerce Governance In China

Nowadays the market economy is increasingly mature,Chamber of Commerce as a bridge between government,enterprise and market,its role of play has been outstanding,in order to promote the economic and social development of our country which has played a very positive role.On July 8,2015,by the general office of the CPC Central Committee and the State Council issued "by the association of industry associations and administrative organs of the overall plan" explicitly mentioned that to actively and steadily push forward the trade associations and the executive branch of the chamber of Commerce,clarify the functional boundary of administrative organs and trade associations,accelerate the legislation of Trade Association Chamber of Commerce,establish a perfect corporate governance structure,which brings a new opportunity for the sustainable development of the chamber of Commerce in China.Based on this,this paper based on the analysis of the legal nature,function and the theoretical background of the chamber of Commerce in China,and focuses on the model of chamber of Commerce internal governance,the mechanism of external supervision and the related problems of building the legal system of chamber of Commerce in China,through the analysis of the mode of the chamber of Commerce governance and the legislative status quo of China's chamber of Commerce to clarify the chamber of commerce in our country should be paid great attention to the chamber of Commerce governance in the future.On the basis of this,the author puts forward a series of feasible legislative proposals.This paper is divided into four parts as follows:The first part describes the basic theory of the system of the chamber of Commerce,including the definition of the concept of the chamber of Commerce,the nature,and from the perspective of the market and the government to the chamber of Commerce to analyze the theoretical background of the existence of chamber of Commerce.On the basis of this to reveal the service function of the chamber of Commerce,management,coordination,and legal creation.The second part mainly discusses the internal governance model of chamber of Commerce.Firstly,analyzed the basis of internal governance and the model of the structure of the chamber of Commerce.Secondly,analyzed the organization organs of chamber of commerce:Member assembly(authority),Council(decision making),Secretariat(executive body),Board of supervisors(supervisory body),and the functions of these organs are investigated.Finally,this paper analyzes the problems existing in the current chamber of commerce system in China,such as the chamber of commerce organization is not perfect,the internal power relations not straighten out,poor self-management capabilities,etc.The third part focuses on the external supervision system.First analyzed the basis of the external supervision of the Chamber of Commerce.Secondly,it expounds the current situation of the governance mode of chamber of Commerce in China:Because of the breakthrough of the dual management system reform,formed many distinctive management modes,and focus on the evaluation of representative modes which incloud the ternary-pattern,new binary pattern and unitary pattern.Finally,the paper discusses the three specific ways of outside supervision of the Chamber of Commerce,namely,legislative supervision,administrative supervision,judicial supervision,and emphasizes that state power should avoid excessive intervention to respect the autonomy of chambers of commerce in the process of supervising the chambers of commerce.The fourth part explores the construction of the legal system of the Chamber of Commerce in China.Firstly,it analyzes the present situation and the absence of the legislation of the Chamber of Commerce in China,and expounds the necessity of the unified legislation of our Chamber of Commerce.Second,there are three kinds of chambers of commerce in the world,that is,the mainland model,Anglo-American model and mixed mode to be analyzed.Then,on the basis of drawing on the experience of foreign advanced legislation and the background of China's chamber of commerce legislation,the author proposes that the chamber of Commerce in China should adopt the mixed mode.Finally,he author puts forward the following suggestions on the construction of the future legal system of the Chamber of Commerce:the legal status and functions of the chamber of Commerce should be cleared,the legislation should follow the principles of voluntary,autonomy and self-discipline,to improve the internal governance structure of the Chamber of Commerce,coordinating the relationship between the chamber of Commerce and the government.In summary,the healthy development of the chamber of commerce can not be separated from the optimization of internal governance and external supervision,as well as the improvement of the legislation.In order to make the Chamber of Commerce better serve the market economy,it is necessary to strengthen the legal system of the Chamber of Commerce in-depth and comprehensive study,which is the original intention of this writing.