From the Contract Perspective to Study China Business Association Legislation
Abstract
Chamber of Commerce is a business in a variety of activities to reduce market transaction costs and create autonomous organization, its economic essence is a "relational contract." Accordingly, the China Chamber of Commerce legislative obligations should be based to rights-based from the transformation, the establishment of complex models and the establishment of the Chamber of Commerce Chamber of Commerce unified external management mechanisms; China Chamber of Commerce Chamber of Commerce should be legislation norms and internal self-punishment mechanism to provide an effective basis for the establishment and full concerned about the Chamber of Commerce, procedures and internal functioning of the Rights of relief. In short, the Chinese Chamber of Commerce Chamber of Commerce, legislation should focus on the theme of self-government, radical reform legacy of the planned economy "status of legislation" mode to "contractual legislation" mode, the abolition of the existing Chamber of Commerce of differential treatment in order to "contract concept of equality "Chamber of Commerce as a guide to build a legal system. The business association is a businessmen's autonomy organization to reduce the business costs, and substantially a kind of "relationship contract". Therefore, the legislation for the business association should change its purpose from reinforcing obligation to enforcing their rights and set a recombination model of the establishment and a unitary external regulation of the business association. The legislation also should make a basis for the self-government norms and the internal penalty institutions and pay more attentions to the performing procedure of the association's function and the relief of the rights of the association's members. In a word, the legislation of business association should base on the views of relational-contract and self-government, abandon the legal-discrimination and change the traditional mode of status to the mode of contract