我国商会治理机制研究

发布时间：2018-10-04 18:12

【摘要】：现代商会作为一种“保商”、“振商”的利器,游走于政府与市场之间,发挥着独特的作用。基于商会法律制度的不健全、商会与政府之间关系的难分难解、商会内部机构的不合理设置等问题,我国商会治理改革的紧迫性已无需更多的论证和分析,目前国内无论是立法界还是实务界、理论界,最缺乏的即为从实践出发,研究商会治理过程中面临的各类问题,并在此基础上提出合理有效的建议。本文拟以实践中商会为例,通过比较分析法、逻辑分析法、规范分析法、实证分析法等研究方法,比较整合商会章程的基本内容,全面考察商会治理的特征、治理现状、以及实践中商会治理面临的问题,通过考察和梳理商会组织机构的设置、运行模式及商会的治理机制,结合英美法德等国的先进治理经验,对完善我国商会治理机制提出合理建议。本文认为,基于目前我国商会治理面临的困境,宜结合国外商会先进的治理理念,从细化商会章程的内容、合理设置商会内部机构、优化商会内部的运行机制(包括决策机制、激励机制、监督机制、人才机制、财务机制等内容)、以及完善商会立法和有关商会的行政管理制度等方面入手,切实解决我国商会治理面临的实际问题。如此,“内外结合,标本兼治”必将令我国商会迈向欣欣向荣的未来。
[Abstract]:Modern Chamber of Commerce, as a sharp weapon of "protecting merchants" and "vibrating quotient", walks between the government and the market and plays a unique role. Due to the unsound legal system of the Chamber of Commerce, the inextricable relationship between the Chamber of Commerce and the government, and the unreasonable establishment of the internal organs of the Chamber of Commerce, the urgency of the reform of the governance of the Chamber of Commerce in our country no longer needs more argumentation and analysis. At present, what is most lacking in the domestic legislative, practical and theoretical circles is to study all kinds of problems faced by the Chamber of Commerce in the process of governance from the point of view of practice, and put forward reasonable and effective suggestions on this basis. In this paper, the Chamber of Commerce in practice as an example, through comparative analysis, logic analysis, normative analysis, empirical analysis and other research methods, comparative integration of the basic content of the Chamber of Commerce charter, comprehensive investigation of the characteristics of the Chamber of Commerce governance, governance status, As well as the problems faced by the Chamber of Commerce in practice, by examining and combing the organization and organization of the Chamber of Commerce, the operating mode and the governing mechanism of the Chamber of Commerce, and combining the advanced governance experience of the Anglo-American, French, German and other countries, To perfect our country chamber of commerce to manage mechanism to put forward reasonable proposal. This paper holds that, based on the difficulties that China's chamber of commerce is facing in governing, it is advisable to combine the advanced governance ideas of foreign chambers of commerce, from the refinement of the contents of the chamber's charter, to rationally set up the internal organization of the chamber of commerce, and to optimize the internal operating mechanism (including decision-making mechanism) of the chamber of commerce. Incentive mechanism, supervision mechanism, talent mechanism, financial mechanism and so on), as well as consummates the chamber of commerce legislation and the related chamber of commerce administration management system and so on, solves the actual problem that our country chamber of commerce manages to face conscientiously. In this way, the combination of internal and external, the treatment of both symptoms and symptoms will lead to a prosperous future for China's chambers of commerce.
【学位授予单位】：杭州师范大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D923.99

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