论行业协会参与市场监管的法律困境与对策

行业协会参与市场监管存在的主要问题是行业协会参与市场监管的主体地位缺乏法律依据、政社不分以及行业协会自身发展不完善。然而,行业协会参与市场监管是历史的必然,首先,它是经济安全理论和社会责任理论发展的必然产物;其次,它能有效弥补政府监管的局限性;再次,行业监管具有独特的优越性。为此,必须加强立法,确立行业协会监管的合法地位,实行政社分开,以提高行业协会的监管能力。

On Legal Difficulties and Countermeasures of Industry Associations for Participating in Market Regulation

The main problems of industrial associations for participating in market regulation are that their subject status are lack of legal basis,the government and industrial association commixture are outstanding,and the development of their own is imperfect.However,it is the inevitablity of history that participating in market regulation for industrial associations,first of all,it is inevitable product of the development of economic security theory and social responsibility theory;secondly,it can effectively make up for the government regulatory limitations;at last,it has the superiority of market regulation.For this purpose,we must strengthen legislation to establish the legal status of industrial association＇s supervision,separate the government and industrial association,and improve the regulation ability of the industrial association.