我国行业协会的经济法主体地位述评

A Review on Industry Associations in China as the Subjects of Economic Law

在"市场和政府双重失灵"的背景下,行业协会对市场秩序的良性运转常常发挥着不可忽视的作用。因此,将行业协会归属为经济法主体,是形成现代意义的三元社会结构的最终结果,是追求"公平与正义"经济法价值取向的必然选择,也是经济法现实功能与理论完整性的必然诉求。然而,由于我国行业协会的相关立法并不完善,使得市场经济环境下行业协会的应然法律功能尚未充分发挥,其经济法主体地位尚未明确。基于此,我国应尽快出台行业协会的基本法,即《行业协会法》,以此作为其经济法主体地位的法律依据。

Under the background of dual failure of both market and government, industry associations often play an important role in maintaining the market order. Therefore, defining industry associations as the subjects of economic law is the ultimate result of constructing a ternary social structure in the modern sense, the inevitable choice of pursuing fairness and justice by economic law, and the unavoidable demand of economic law to integrate its practical functions and theoretical systematicness. However, there is still much improvement in the legislation of industry associations in China, which makes it impossible to fully exert the legal functions of industry associations in the market economy and clearly position their subject status of economic law. Based on this, China should enact Industry Association Law as the basic legislation as soon as possible, thus guaranteeing industry associations＇ subject status of economic law.