行业协会行政法律角色困境及对策探究

Research on the dilemma and solution path of the administrative legal role of trade association

行业协会在行政法律关系中具有行政主体与行政相对人的双重角色。作为非政府组织,行业协会在公共事务管理领域发挥独特作用,以稳定社会秩序、发展社会主义市场经济为目标提供相关服务,在政府与市场之间担任中介桥梁,促进政府高效决策,健全行业自治体系。行业协会在行政法层面上存在角色定位模糊的问题,影响其发挥作为行政主体与行政相对人的主体作用。明确行业协会行政法律地位、促进行业协会未来发展可从完善法律制度保障、加强行业协会自律管理、塑造合作治理模式以及充分发挥协调与服务职能等路径进行思考。

The trade association has the dual identity of administrative subject and administrative counterpart in the administrative legal relationship.As one of the Non-Governmental organizations, trade associations play a unique role in the field of public affairs management, providing relevant services with the goal of stabilizing social order and developing socialist market economy, and acting as an intermediary between the government and the market.In addition, it can promote efficient government decision-making and improve the industry autonomy system.The trade association has the problem of vague role at the level of administrative law, which affects its role as the administrative subject and the administrative counterpart.To clarify the administrative legal status of trade associations and promote the future development of trade associations, we can think about some countermeasures, such as perfecting the guarantee of legal system, strengthening the self-discipline management of trade associations, shaping the mode of cooperative governance and giving full play to the functions of coordination and service.