行业协会自治权之程序规制

Procedural Regulation of Trade Association Autonomy

行业协会自治是社会治理的重要组成部分,也是弥补市场失灵和政府缺陷的重要途径。行业协会自治过程中必然会涉及权力的行使,而任何权力都存在被滥用的可能性,作为一种社会权力,行业协会自治权也不例外。要充分发挥行业协会自治权的积极功能,尽量避免其消极效果,需要建立健全对行业协会自治权的程序规制。此外,须设立赔偿基金,以落实行业协会自治权行使中的责任追究机制。

The trade association autonomy plays not only the role of important part of social governance,but also the significant way to compensate for the market failure and government defects. In such autonomy process, the exercise of power is necessarily involved. Since for any power there is potential for abuse, letalone this trade association autonomy, being a type of social power. So in order to give full play of its positive features and to avoid the negative effect, the sound procedural regulation of the trade association autonomy should be established. In addition, the compensation fund should also be set up to implement the obligationimposed institution in the exercise of power.