论我国行业协会功能及其法律调整

作为社会团体中的重要组成部分,行业协会具有诸多的功能.然而,由于我国社会正处于转型期,传统的政府与协会关系,以及政府职能转移的复杂性,造成行业协会与政府、企业的关系尚未理清,致使行业协会功能发育不充分,功能欠缺,无法正常发挥作用.因此,必须实行政会分离,完善协会的法人治理结构,加强政府对协会的监督和引导,以期重塑行业协会的本来属性.构建以自律功能为基础,以服务功能为宗旨,充分发挥代表功能,参政议政,实现社会整合的行业协会的功能结构.同时也培育公民的公共精神,自然地夯实市民社会的基础.

Functions of Current Guilds in China and Its Lawful Regulation

As an important part of social organizations,a guild shall have many functions. However,during the economic transform period,the intricate relation between governments and guilds,and the complexity of transfer of governmental function tangles up the relation between guild,government and enterprise insomuch as a guild plays no part in its normal functions.So,what problem to be solved is to separate various guilds from governmental control and perfect their legal person management system so as to enable them to return to their original attributes under the supervision and guidance of government.All of guilds shall be organized on a self-governing basis to serve relevant firms and play fully the role of a representative for the trade and,in addition,they shall participate in relevant political/economical affairs.Thus,they can take part with social integration as their own function and,meanwhile,make themselves aware of public spirit to provide a solid foundation for civil society.