行业协会自治权的法律定位与制度研究

On the Judicial Definition and the System of the Autonomous Power of the Professional Associations

在我国 ,行业协会自治权作为一种新生的社会权力已经开始对社会和国家产生一定的影响。社会进入转型期以来 ,行会自治权演绎出两种生成路径 :一是政府主动培育下形成的行会自治权 ,二是市场经济推动下民间自发生成的行会自治权。行业协会自治权生成路径的二元化直接导致了其属性的二元化。现阶段 ,行业协会自治权、公民权、行政权在法律属性上应当处于平衡地位。只有在此定位基础上才能建构真正的行业协会制度。

In our country, the autonomy of the professional associations as a new social power has began to affect the society and the state, which has appeared following two paths during the social transformation period： one originated from the government＇s active breeding, the other originated from the society in the market economy, whose formation leads to its dualism in nature. In these days, the autonomy of the professional associations should be parallel to the citizenship and the administrative power, and only following this thinking way could the real professional associations system should be founded.