商会自治的基石:商会自治规范研究

Autonomic Regulations of C of C: the Foundation of Self-Regulation of C of C Autonomy

在现代法律秩序中,商会自治规范是制定法的基础和必要的补充,甚至在某些方面替代了制定法;商会自治规范主要包括商会组织规范、行为规范、惩罚规范以及争端解决规范等;其效力仅及于其内部成员;商会自治规范和制定法之间存在冲突,但也存在整合的基础。

In the modern legal order, the autonomic regulations of C of C are the fundation and the necessary supplement of the official statutes. Furthermore, the autonomic regulations hereof could provide excellent mechanism of deterring errancy for the official statutes. The autonomic regulations of C of C include the regulations of self-regulation, of management, of punishment and of settlement of disputes. Undoubtedly, the autonomic regulations of a C of C have certain sanctions for all its members. Integration as well as conflict between the autonomic regulations and the official statutes is possible.