What nature is the industry association, is it a legal person?

No, industry associations refer to social intermediary organizations that are aggressive between the government and enterprises, and the commodity edge industry and operators, and serve them, consult, communicate, supervise, fair, self -discipline, and coordinate. Industry Association is a folk organization that does not belong to the government's management agency series. It is a bridge and link between the government and enterprises. The industry association belongs to the corporate legal person stipulated in my country's "Civil Law". It is a type of social organizations in my country's civil organizations. It is internationally referred to as non -governmental agencies, also known as NGOs, which are non -profit institutions.
The industry association
Teng industry association refers to the social intermediaries of social intermediaries between government and enterprises, between commodity producers and operators, and serving, consulting, communicating, supervising, impartial, self -discipline, and coordination. organize. Industry Association is a folk organization that does not belong to the government's management agency series, but the bridge and link between the government and the enterprise. The industry association belongs to the corporate legal person stipulated in the China Civil Law and is a type of social organizations in Chinese civil organizations. It is internationally referred to as non -governmental agencies (also known as NGOs), which is a non -profit institution.
In 2017, the National Development and Reform Commission, the Ministry of Civil Affairs, the Ministry of Finance, and the State -owned Assets Supervision and Administration Commission of the State Council jointly issued the "Opinions on Further Regulating the Charging Management of Industry Association Chamber of Commerce".
In October 2018, the relevant person in charge of the Social Organization Administration of the Ministry of Civil Affairs said that from the perspective of the first batch of annual inspections of the national community, the Jiucheng Association Chamber of Commerce actively regulated the charging behavior [1].
Chinese name
The industry association
Foreign names
instry
The common interests of all companies in the industry
I international collectively referred to as
Non -government agencies
fast
navigation
The characteristic value development process
function
Communication: As a bridge between the government and the enterprise, we convey the common requirements of enterprises to the government, while assisting the government to formulate and implement industry development planning, industrial policies, administrative regulations, and relevant laws.
coordination: formulate and implement the rules and regulations and various standards, and coordinate the operating behavior between enterprises in the industry.
Supervisor: strictly supervise the quality, competition methods, and operating style of products and services in the industry, maintain the reputation of the industry, encourage fair competition, and crack down on illegal and illegal acts.
The impartiality: Entrusted by the government, conduct qualification review, issue licenses, such as market access qualification certification, issuance of origin certification, quality inspection, production license, import and export permit, and so on.
If statistics: Statistically, analyze, and release results of the basic situation of the industry.
Research: Carry out a basic investigation of the development of domestic and foreign development at home and abroad, study the problems facing the industry, and put forward suggestions, publication and publication for enterprises and government reference.
The narrow service: such as information services, education and training services, consulting services, holding exhibitions, organizational conferences, and so on.
The characteristics
non -governmental
The independence of the industry associations relative to the government, which also determines that there are great differences with government organizations in many aspects such as organizational formation, personnel preparation, and financial sources. Essence The difference is specifically reflected in:
1. The voluntary composition of relevant organizations is not generated according to the government's order.
2. Its organization is autonomous and implements self -management internally. It is generally not directly controlled by the government, but sometimes it must be supervised by the government.
3. The staff is not a national civil servant series.
4. The main source of funding is not the national financial allocation. [2]
autonomy
autonomy is the most essential feature of industry associations. The industry association is the same as other autonomous organizations. Once established in accordance with the law, it can be autonomous within the legal scope to achieve the establishment of the organization's specific purpose. The self -organization and self -management autonomy of the industry association is the right to be enjoyed by the industry association that can exist independently. Autonomous rights mainly include autonomous affairs management rights, organizational personnel rights, and fundraising rights. [2] [3]
The intermediary
Tony Marshall () once said: For the third domain organization, "the common point is that they all act as intermediaries between individuals and countries, and they have existing gains. In order to maintain social unity, it can make the society go smoothly "[4].
The joint role of the industry association is the connection and communication role between the state (government) and the enterprise (member), which makes it "effectively connect with the private sector and the public sector." [2] [5]
The reform direction
The decoupling of the industry association chamber of commerce with administrative organs is the reform task of the Party Central Committee and State Council. The content of decouragement is to separate functions, institutions, property, personnel, foreign affairs, and party building.
In the implementation of this reform task, in June 2015, the State Council of China issued the overall plan of the decouragement of the industry association chamber of commerce and administrative organs. It is clearly stipulated that it is our guidelines for our decoupling work.
The period of time in the future, the Ministry of Civil Affairs, as the registration management department of the social organization, under the coordination, coordination and guidance of the joint working group, we must first do a good job in the first batch of decoustile pilot work of the National Industry Chamber of Commerce. Previously, according to the mobilization and declaration of various business authorities, 148 have been identified as the first batch of decourse pilot units, and now the 61 industry associations and chambers of commerce will be approved by the 25 departments.
In it is understood that the plan of the local industry associations reported by the local civil affairs department of the Civil Affairs Department also goes through the approval procedures. Based on the completion and experience of the first batch of pilot work, the scope of the pilot will be further expanded, and it will be fully completed by the 2018 Industry Association Chamber of Commerce. [6]
This value
Economic effects
In the international market competition, in order to weaken the negative impact, according to international practical experience, industry organizations in protecting domestic industries and supporting domestic enterprises to enhance international competitiveness Play an important coordination. [7]
1. Maintain the interests of the country and trade. When the WTO guarantee clause is used, comprehensive and detailed evidence should be provided to the WTO to prove the increase in the number of imports or market share of a certain product, the impact of the impact or possible impact or unfavorable trend of similar products in the country. These evidence requires detailed data. Obviously, this kind of work cannot be done by one or more manufacturers; at the same time, these tasks cannot be done by relevant government departments. It is precisely because of the role of a single enterprise and government management department that the industry association should play an important role. [7]
2. Assist enterprises to implement legal measures such as anti -dumping, anti -subsidy and other legal measures as the appeal in the appeal. Anti -dumping and anti -subsidy are a very important means for many countries to protect domestic industries. It is also a measure for anti -improper competition used by the WTO related agreement to allow members to adopt. From the perspective of the practice of various countries, the major cases of industry associations as appellars, and it is rare to use government anti -dumping institutions or single enterprises as the appellant. This is because anti -dumping itself is an industry problem. Anti -dumping appeal should include sufficient evidence of dumping and thus caused damage to the domestic industry. The provision of these materials requires industry associations to organize relevant enterprises to work together. [7]
3. Using the WTO dispute solution mechanism to help enterprises respond. Since its opening to the outside world, China's export products have increased in anti -dumping cases abroad year by year, with an average of more than $ 10 billion per year. On the one hand, the industry association should reduce the complaints of the Chinese side as much as possible by coordinating and regulating the behavior of the industry's enterprises; on the other hand, when a foreign party is complained, it actively organizes the organization to respond to reduce losses. In the early 1990s, in the European Community and Canada complained about Chinese bicycle dumping cases, the enterprise responded separately. In the provision of information and evidence, there was a contradictory place. It was also canceled for inclusive treatment. At the same time, Taiwan, which is accused of, organizes a unified response by the industry association and has been judged to have a zero tax rate. [7]
4. Give full play to the coordination of industry associations. When developing the international market, the industry associations come forward to negotiate, and organize joint operations in the production, sales, price, and after -sales service of enterprises on the basis of voluntary basis to play the winner of the group army. Judging from the experience of China and other developing countries, the strategy of entering the international market at a lower price is often adopted, and the phenomenon of corporate prices often occur. Litigation. If the industry association establishes the minimum price when coordinating the price of the industry's exported goods, it can protect the reasonable price of the domestic products in the international market, thereby avoiding the phenomenon of enterprises in terms of price and reducing the friction of international trade. [7]
The value of rule of law
The development of the rule of law is long and complicated. Rights protection, power constraints and rules have always been the core value of the rule of law. They constitute the driving force and foundation of the development of the rule of law in modern times. The function of analyzing the industry associations can find that industry associations contain important value of rule of law. [8]
(1) Comprehensively realize and ensure the private rights of the economic subject
1. Meet the joint needs of members of the association to ensure the realization of the private rights of the economic subject. Protecting the private rights of operators is the initial cause of the industry association. In the history of industry associations, it is produced as representatives of the collective interests of the ownership of the industry operator in the process of fighting the manufacturer of handicrafts and industry and commerce. The fundamental purpose of the industry association is to use collective forces to meet the common needs of enterprises in the industry. This kind of common need for scholars call it "special market needs". [9] Under the market economy conditions, this special market needs of enterprises, the country is difficult to provide, and a single enterprise is unable to provide it. Industry associations are the best providers needed for this special market. The industry associations provide some special public services they need for companies in the industry, which can not only make up for the lack of government functions, but also prevent some enterprises' "car" behavior. For each enterprise, it is the lowest to get such a service cost. Therefore, industry associations are most suitable for providers of these special market demand. The industry association provides the various services they need to affilize the industry, which can effectively protect the realization of the private rights of the economic subject. [8]
2. Concentrate to express the interests and claims of economic subjects, and promote the interests of the group to be respected and maintained. Marx and Engels have deeply pointed out: "division of labor and private ownership is two synonyms, talking about the same thing, one is the activity, and the other is the product of the event." If the social division of labor exists, the social interests cannot be single -dimensional and homogeneous. Historical development shows that the more advanced society is, the wider the material and spiritual areas of human activities, the more refined the social division of labor, and the more more than the social interests. Therefore, modern democratic politics must also provide equal protection and autonomous activity space for the increasingly active and increasing and increasing interests of modern society to provide equal protection and independent activity. The industry association is a group force combined with the same interests and needs, represents the overall interests of the industry, unifies the interests of the interests of various economic entities in the industry, and concentrate on the process of formulating the formulation of national laws and policies. The interests of the group are respected and maintained, and the necessary integration of "representative" and "participation" has been achieved, thereby creating favorable conditions for the normal performance of democracy and the rule of law. [8] [11]
(2) Renate and protect the benign operation of public power
The political modernity of democracy, freedom, equality, and human rights as a shaft After being deeply unfolded and practiced, people have established a political system that is responsible for the government and the separation of triple powers with the help of "political liberation". However, this power conversion does not necessarily mean that each citizen can restrict the erosion of the increasingly expanding administrative power. In particular, the arrival of monopoly capitalism, state power has continued to expand and expand to various fields of society, making itself but also isolation and dispersing individuals who are unable to compete with national power, and often subject to power restrictions and violations. [8] [12]
A effective restrictions on power, the main method is to separate the power of state power derived to realize the mutual constraints of power. The restrictions on power, that is, the restrictions on the common "public power". [13] There is another important way to restrict public power, that is, "social power" restricts public power. Any public power needs to be restricted, and the power to be restricted is dangerous. The important force of the government comes from social organizations outside the government. The scattered and isolated individuals and enterprises are unable to play with the public authority. The civil society organization represented by the industry association is an important social force that restricts the government's public power. Tockeville claims that civil society groups are the independence of social agencies' "dams" and socially monitoring power. [8] [14]
First of all, the industry associations condense individual forces in the form of organizationalization and groupization. Those unreasonable or illegal rules. It is because the industry association has more powerful forces than individual enterprises, which causes government agencies to take into account the response to the policy of the industry associations and its representatives when exercising power, so as to promote the country to be more responsible and cautiously in power. Operation helps the standardization and rationalization of political rules. [8] [9]
Secondly, the industry association can use the various resources, professional skills and specialized knowledge owned by the organization, "provides a special way for citizens to express a special, often very effective political life" "" " [15], "Guide and handle members of the association's political will, and thus have a binding effect on political countries." [16] Industry Association provides a buffer zone for the opposition to the country's non -righteous intervention, which in turn represents the interests and demands of the group to influence public decision -making, reflecting democratic voices and supervision restricting national public power. [8]
Inons, industry associations have promoted the steering of their representatives, communication and coordination, etc., and promoted the steering from individuals' competing power to groups to check and balanced power, effectively restricting and ensuring the healthy operation of public power. [8]
(3) The self -regulation mechanism that builds the social and economic order
The protection of power and the protection of rights in democracy and the rule of law. Essence Therefore, while the scope of state power control is narrowed, the establishment of social self -discipline order has become an indispensable condition for democracy and the rule of law. [12] The industry association has built a self -regulation mechanism for social and economic order with its autonomous organization activities. [8]
1. Vertical communication and horizontal coordination
The conflict and integration of multiple interests are important social characteristics under the conditions of the market economy. It must have an open and unblocked melting furnace -type interest expression and implementation mechanism to reduce The friction and conflict of diversified interests to maintain social stability. [11] Industry associations as representatives of industry interests, providing important support for the establishment of this mechanism through vertical communication and horizontal coordination. On the one hand, through the intermediary of the industry association, the enterprise and the government can be fully communicated. Industry associations can pass on the industry's quickly transferring interests and rights to the government decision -making process. At the same time, the information of government decision -making is also given feedback to member enterprises, thereby setting up the communication bridge of the state and enterprises, in enterprises and enterprises and enterprises and enterprises and enterprises. A long and reliable trust mechanism was established among the government. On the other hand, through industry associations and members of the association can coordinate interests. Faced with the contradictions and disagreements of interests between different members, industry associations can conduct mutually forgiveness and mutual self -negotiation and resolving the overall situation, thereby promoting the formation of a conscious and stable industry order with its own organization's strength. [8]
In see that through its communication and coordination function, the industry association has realized the communication between group interests and national interests in the industry and the self -coordination and balance of the industry's internal strength, so as to provide self -regulation for democracy and the rule of law. Basic self -spontaneous order. [8]
2. Implementing industry self -discipline through industry rules
Hayek believes that the rule of law refers to all the actions of the government and the people being restricted by the rules formulated in advance. [17] Hayek divides the rules into internal rules and external rules. It is believed that internal rules such as habits and group rules are the basis for formation of the legal rules formulated by the state, that is, the state formulated by the state. [18] The rules form order. If the rules are not based on social identity and conscious compliance, it will not be established, and it is difficult to maintain order for a long time. "The formality of the text (legal empiricalism) and the legitimacy of legitimate procedures, but violated the basic value and ethical rules that are widely held in the society, which cannot be established." [19] In many cases, "social norms "[20] through rational negotiations and negotiations spontaneously. These rules are not given external. On the contrary, they are formed through multiple repeated games and equilibrium. Therefore, once this internal rules are generated, they can consciously follow people without the help of external compulsory forces. "Although some groups are organized in order to achieve some specific purposes, the coordination between all these separated organizations and individuals is promoted by those forces that help self -order and spontaneous order." [[[[[[[[[[[[[[[[ 18] The "forces that help self -spontaneous order" what Hayek referred to contains internal rules of the group. It is different from the mandatory legal order established by the national legal system. Essence [8]
The industry association, as an autonomous civil society organization, implements self -discipline management through industry rules. Industry rules are typical internal rules. It is a consensus reached by the consensus of the association through negotiation, negotiation, compromise and other methods in the process of coordinating and balanced the rights and interests of various enterprises in the industry. Industry self -discipline management can cultivate the spirit of self -discipline of members of the association, avoid irrational collective actions, promote the rationalization and proceduralization of interests and rights and demands, and at the same time form a spontaneous order in the industry -self -discipline order, that is, a kind "Private order". Compared with the order established by the state formulation law, when the state formulation law is absent or has a limitation, the "private order" established by the industry rules has become an important supplement and replacement of the order of the state formulation law. Therefore, industry associations have achieved self -regulation of economic order through self -discipline functions, and have become an important force to promote the establishment of social and economic order. [8]

Industry associations refer to social intermediary organizations that are aggressive between government and enterprises, between commodity manufacturing and operators, and serving, consulting, communicating, supervising, impartial, self -discipline, and coordination. Industry Association is a folk organization that does not belong to the government's management agency series. It is a bridge and link between the government and enterprises. The industry association belongs to the corporate legal person stipulated in my country's "Civil Law". It is a type of social organizations in my country's civil organizations. It is internationally referred to as non -governmental agencies, also known as NGOs, which are non -profit institutions.

It belongs to folk organizations. No legal person