商会发展中政府责任问题研究

发布时间：2018-02-28 15:12

本文关键词： 商会自治政府责任　出处：《安徽大学》2014年硕士论文　论文类型：学位论文

【摘要】：商会组织是我国近代史上产生的最早的近代意义上的社会团体之一,其影响力是不言而喻的。商会是连接政府和企业的桥梁,无论是在市场经济发展中,还是在政府的社会管理活动中,都发挥着十分重要的作用。当前我国商会在发展中障碍重重,商会制度的构建有许多亟待完善的地方。而政府与商会的关系是十分紧密的,对于商会制度的完善,如何促进商会组织健康有序的发展,政府在其中必须承担一定的职责。从学术的角度来研究商会,必须从广义上来理解商会的概念,并对商会与行业协会加以区分。近代意义的商会自清末产生以后,在我国经历了三个发展阶段,至今仍在发展壮大。关于商会的组织属性问题,笔者认为商会是具有非营利性质的公益性法人。笔者在本文中详细论述了商会组织最为重要的表征,即商会的自治。商会的自治权来源于商会会员根据契约精神的让渡,具有一定的合理性。商会拥有规章制定、事务管理、惩罚权等相关的自治权。在职能方面,商会具有服务职能、信息职能、协调职能、约束职能、政治职能等多项职能。商会与政府之间有着千丝万缕的关系,商会的产生与政府密不可分,二者相互独立、相互依存,彼此分工合作,政府对商会的自治进行监管。现阶段我国商会在发展过程中面临着许多的问题。我国至今尚未有统一的商会立法,立法形式上较为混乱。关于商会的法律定位也一直没有明确上至党中央的政策性文件,下至商会章程,都没有统一认识。商会的职能也没有完全发挥,甚至未得到工商业者的普遍认可。由于行政机关的干预,商会的独立性也受到了一定的影响。当前政府机关对商会的监管体制为“二元管理模式”,这种落后的管理模式也阻碍了商会的发展壮大。另外,商会内部管理上也存在着许多问题。工商联、贸促会等“官办”商会的发展也是困难重重。为了改善商会发展的环境,构建完善的商会制度,政府应当承担如下责任：第一、要厘清政府与商会之间的关系,并且政府要尊重商会的独立性地位；第二、积极推进政府转型,并且要建立商会与政府沟通的平台,从而加强商会与政府的沟通；第三、要明确划分政府的行政权与商会的权利；第四、面对陈旧落后的监管模式,要进行改革；第五、政府要法定的范围内加强对商会的扶持。
[Abstract]:Chamber of Commerce is one of the earliest modern social organizations in the modern history of our country. Its influence is self-evident. Chamber of Commerce is the bridge between government and enterprise, whether in the development of market economy. It also plays a very important role in the social management activities of the government. At present, there are many obstacles in the development of the chamber of commerce in our country, and the construction of the system of the chamber of commerce needs to be improved. The relationship between the government and the chamber of commerce is very close. For the perfection of chamber of commerce system and how to promote the healthy and orderly development of chamber of commerce, the government must undertake certain responsibilities. In order to study chamber of commerce from the academic point of view, we must understand the concept of chamber of commerce in a broad sense, and distinguish chamber of commerce from trade association. Since the emergence of modern chamber of commerce in the late Qing dynasty, it has experienced three stages of development in our country. On the organizational attribute of the Chamber of Commerce, the author thinks that the Chamber of Commerce is a non-profit public welfare legal person. In this paper, the author discusses in detail the most important representation of the organization of the Chamber of Commerce. That is, the autonomy of the Chamber of Commerce. The autonomy of the Chamber of Commerce comes from the transfer of the members of the Chamber of Commerce according to the spirit of the contract, which is reasonable. Chamber of Commerce has many functions, such as service function, information function, coordination function, restraint function, political function and so on. There are inextricably relations between chamber of commerce and government. The emergence of chamber of commerce and government are inseparable, they are independent, interdependent, cooperate with each other, and the government supervises the autonomy of chamber of commerce. At present, the chamber of commerce in our country is facing many problems in the process of development. So far, there has not been a unified chamber of commerce legislation in our country, and the legislative form is relatively confused. The legal position of the chamber of commerce has not been clearly defined to the policy documents of the CPC Central Committee. As far as the statutes of the Chamber of Commerce are concerned, there is no unified understanding. The functions of the Chamber of Commerce have not been brought into full play, or even generally recognized by the industrial and commercial sectors. Due to the interference of the executive authorities, The independence of the Chamber of Commerce is also affected to a certain extent. At present, the regulatory system of the Chamber of Commerce by government organs is a "dualistic management model", which also hinders the development and growth of the Chamber of Commerce. There are also many problems in the internal management of the Chamber of Commerce, and the development of the "official" chambers of commerce, such as the Federation of Industry and Commerce and the Council for the Promotion of International Trade, is also very difficult. In order to improve the environment for the development of chambers of commerce and to establish a sound system of chambers of commerce, the government should undertake the following responsibilities: first, to clarify the relationship between the government and the chambers of commerce, and the government should respect the independent status of the chambers of commerce; second, Actively promoting government transformation and establishing a platform for communication between chambers of commerce and the government so as to strengthen communication between chambers of commerce and the government; third, to clearly distinguish between the executive power of the government and the rights of the chambers of commerce; and 4th, to face the outdated and backward regulatory model. To carry out reform; 5th, the government to strengthen the scope of support to the Chamber of Commerce.
【学位授予单位】：安徽大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.1

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