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On the trade association of disciplinary actions in
Author: ZhaoYanCong
Tutor: WangJianQin
School: China University of Political Science
Course: Legal
Keywords: Industry associations Disciplinary authority Suability Authorization specification
CLC: D925
Type: Master's thesis
Year: 2011
Downloads: 78
Quote: 0
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Abstract
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Beginning of this century several hot cases , especially Changchun Yatai, Guangzhou Geely v. China Football Association two cases , to make people aware of the industry association disciplinary authority to regulate and restrict the necessity , of which judicial oversight role is particularly pleasing . Schools have also made ??a lot of research for this , but today , they did not make the trade association disciplinary disputes unassisted phenomenon can be fundamentally changed. Judicial practice is certainly negative for many reasons , one of which is the right of the relevant industry associations disciplinary norms dislocation and the shortage of paper that is made ??for this problem summary analysis , the Greek for the development of practice provide a viable idea . Papers can be divided into the following sections: introduction of industry associations from the generation , status and problems cut , explains the origin of thesis topics analyzed topics of significance, introduces topics of research status, and pointed out the thesis research methods, namely the integrated use of the empirical analysis, value analysis, comparative analysis and other methods illustration . The first chapter of the industry association based on the analysis of disciplinary action , first determine the connotation and extension of industry associations , including the use of professional associations, chambers of commerce , including a broader concept , followed by disciplinary action against trade association made ??a detailed analysis, including its definition , nature, type and other factors , and finally a brief description of the industry association disciplinary authority of regulation necessary and feasible path , the main state power , the public and associations within three. The second chapter is the question of the justiciability of the introduction of extraterritorial experience , common law selected as the representative of the United Kingdom and the United States , including the United Kingdom of England as the most important , and for a brief account of the situation in Scotland . Civil law places France , Germany , represented , and a brief analysis of the two countries have in common . Finally , focus on analysis of the two legal systems of the similarities and differences on this issue , and the investigation focused on the differences . The third chapter is the focus of this article , following a disciplinary authority above the industry associations Regulation path analysis, and the introduction of outside experience , this section first solve the choice of administrative proceedings and civil proceedings , pointing out that the former is more feasible at present in our country . Then analyzes the theory of China's trade association disciplinary authority on the issue of the lack of rights , and academic research on the issue of the three ideas briefly reviewed. Finally, practice , in clarifying issues related to administrative authorization on the basis of combing the authorization system of norms , judicial review of proposed conditions to be met . This conclusion is the final result of ideas and arguments brief , which emphasizes on this issue should play the role of judicial interpretation , the trade association of disciplinary actions in providing a viable standard .
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CLC: > Political, legal > Legal > Chinese law > Procedural Law
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