论我国行业协会经济法主体地位.docxVIP

AbstractIndustrial association is a non-profit, non-governmental and self-regulatoryorganization, which was participated with members and wanted to achieve the goal ofcommon interest. As the social intermediate level subject, industrial association takean important part in our country’s economy. Its appearance was complying with theneed of economic development and was also lining with the state and society’sdevelopment trend. Under the circumstances of market and government was doublefailure, it will not only ease the tense mutual confrontation between government andmarket after we introduce industrial association to the area of economic adjustment,but also relieve or even eliminate the defects that the failure caused.As the defender for common interest, Industrial association’s chief task was solvethe common problems that the members confronted. so what’s the position it takes inthe legal relationships? Once there were two tendencies: First, industrial associationhas an dominant position in the administrative legal relationships. Second, it has andominant position in the economic legal relationships. Although the scholars areinclined to the second view, they only choose one of aspects, such as nature orautonomy as the basis to support industrial association’s legal position. It appeared tobe insufficient and lack of convincing. The right of industrial association was animportant guarantee for the dominant position as the subject of economic law.Therefore, it’s essential to analyze the right basis of industrial association thoroughly.Under the point, if we establish the nature of this right as collective rights, it will notonly protect the member’s common interest better, but also prevent industrialassociation tilt to the subject of administrative law effectively.The author started from the basic concept and definition when she discoursed thesubject and adopted this kind of thought: summary of industrial association as thesubject of economic law—Establishing of indu