论司法对行业自治的介入

On Judicial Intervention to Trade Autonomy

着行业协会在我国的迅速发展,其所引发的法律问题也逐渐凸显,特别是如何建立合理的对行业自治的司法介入机制成为我们必须关注的重大课题。在处理好司法权与自治权关系的前提下,应当建立起有效的司法监督机制,以保障成员免受协会自治权力的侵害；在综合考虑协会事务的性质、组织的地位以及权力的属性等多方因素的基础上,应当在民事诉讼和行政诉讼之间选择合理的司法介入方式；在允许司法介入行业自治的同时,应要求法院保持相对谨慎的态度并遵循必要原则,以防止对社会自治的不当干预。

Along with the quickly development of trade associations in China, the law issues that caused by them also are gradually obvious, especially how to establish a reasonable judicial intervention mechanism to the Wade association＇s autonomy becomes an important task which we should pay attention to. Under the premise that handle the relation between judicial powers and autonomy well, we should establish an effective judicial supervising mechanism which can protect the members from infractions caused by Wade associations＇ autonomy; On the basis of general review of the factors such as association affairs＇ character, the status of the organization and the fight＇s essence, we should choose a reasonable judicial intervention pattern between civil litigation and administrative litigation; When we permit judiciature to intervene in Wade autonomy, we should call for the courts keeping a relative prudent attitude and obeying some necessary principles, lest improper intervention to social autonomy.