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The Study of the Dominant Position of Industry Association in the Economic Law

Author: PanYanBin
Tutor: DuanXiaoHong
School: Central South University for Nationalities
Course: Economic Law
Keywords: Industry Association Subject of economic law Modulation body Modulation rights
CLC: D922.29
Type: Master's thesis
Year: 2010
Downloads: 179
Quote: 1
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Abstract

Industry Association as the representative of a large number of societies emerging in the modern market economy countries. Industry Association is the maintenance and coordination of common interests, or by the operators or enterprises organized by the government, or spontaneous organized social groups, it appears the needs of economic development, with the rationality of history. Industry Association is the main economic law, the research should be an inevitable requirement for the deepening of the theory of economic law, but also to improve the logical extension of the economic law system. The rise and development of industry associations will greatly enrich and improve the economic law of theoretical research and institution building. I grasp the core of the legal status of the industry associations, trying to establish and protect the position of the subject of economic law of the Trade Association of China, positive role to play to compensate for \To establish and protect the position of the subject of economic law of the Trade Association of China as the core, divided into four parts: the first part introduces the subject of economic law theory and Industry Association, the dominant position of Research. Academic research on the subject of economic law theory, mainly around the subject of economic law meaning, characteristics, classification and system construction and economic law subject qualification acquisition, change and eradication issues. The classification of the subject of economic law the ternary structure theory and the theory of the dual structure of the points, where the former state - society - market, which typically modulation body - modulated receptor. The dominant position of the industry associations, many of which studies did not consider the special role of industry associations in China's economic reform process, to focus only on the relationship between industry associations and the government, enterprises, other industry associations, most of them are industry associations as a controlled body, only concern its obligations, to the neglect of their rights (force). The second part is the analysis and discussion of the constituent elements of the subject of economic law. The legal status of the natural and social organizations are not born, by the ruling class after value judgment by the legislative recognition to become a legal \The special nature of the subject of economic law that economic law to establish the main system has a special perspective, focusing on the economic operation of the actual and the abstract of the law of induction technology. Since the powers and rights of the opposition and the modulation right to highlight the subject of economic law can be divided into modulation body and modulation of receptor. Modulation body to become the economic law, you must have the formal requirements, powers, behavior and responsibilities capacity of four elements. The third part is elaborated Industry Association as the theoretical basis of the economic law modulation body. Industry Association is a non-profit, self-discipline, democracy and equality, independence and other characteristics. Industry Association with the formal requirements for the modulation of the main requirements, power, ability, behavior and responsibilities capacity of four constituent elements, and its functions in line with the aim of economic law, reflecting the social standard principles of economic law, economic and democratic principles, economic principles . Therefore, industry associations as the main economic law modulation eligibility. The fourth part is the dominant position of the industry associations in China Current Situation and suggestions. Trade Association of China at this stage with the government, the relationship between enterprises confusion, the law focuses on the management of industry associations constraints, lack of rights (force) the provisions of the channels for relief gap that leads to the lack of industry associations procedural protections. Therefore, in order to establish the Trade Association of China economic law subject, it is necessary to rationalize the relationship between the industry associations and the government, enterprises, given the specific modulation of the industry association rights, the exercise of the right to economic modulation Industry Association offers a variety of channels, establish and improve the industry Association modulation of the relief system.

The Study of the Dominant Position of Industry Association in the Economic Law

Abstract

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