论商会的法律性质

On the Lawful Nature of the Chamber of Commerce

商会在WTO规则环境下为处理国际贸易纠纷发挥了积极作用,但近年来方便面协会通过集体协议同时涨价的行为,也暴露出我国商会法律制度存在立法上的滞后与欠缺。文章批判了目前学界认为商会为经济法主体、行政法主体或社会法主体的观点,指出商会应为民法中的私法人。承认商会等社会组织为私法人,充分发挥私法人的社会功能,分化政府权力,厘清政府权力边界,有利于形成多中心的社会权力格局,实现真正的社会民主。

The Chamber of Commerce plays a positive role in dealing with the international business dissension under the circumstance of the WTO regulations. However, recently the association of instant noodles has exposed the lag and deficiency of the Chamber of Commeree＇s law system in the regard of legislation regulation in China, by raising the price of instant noodles corporately. This article animadverts on the standpoints that the Chamber of Commerce belongs to economic law subject and administrative law subject as well as social law, which is a common viewpoint in jurisprudential circle at present. This article also points out that the Chamber of Commerce should be defined as private corporate in civil law. The author admits that the Chamber of Commerce and other social organizations are private juridical groups, to act the social function as a private juridical group, to decentralize and demarcate the board of the administrate power of the government in order to facilitate the form of a polycentric social power structure, so as to realize the real democracy.