法律系dissertation：On the construction industry, the role of law for the development of enterprises試論行業建設對于企業發展的法

Building a socialist harmonious society is our party building socialism with Chinese characteristics a historic leap. Harmonious society is a systematic project, the most substantial content is to achieve dynamic coordination of different social interests. Guild as an integral member of the civil society organizations, to reflect the interests of the industry, and guide members of the organization and orderly manner and maintain their fight for the right to participate in social management and safeguard social stability and improving other aspects of social innovation has an irreplaceable role in . How the process of building a harmonious society will give full play to the role of the line, is the current must face and answer an important issue.
構建社會主義和諧社會，是我們黨推進中國特色社會主義建設的一次歷史性跨越。和諧社會的構建是一個系統工程，最實質的內容是實現社會不同利益的動態協調。行會作為民間組織的重要組成成員，在反映本行業的利益、引導組織成員合法有序地爭取和維護自身的權利、參與社會治理、維護社會穩定和提高社會創新能力等方面具有不可替代的作用。如何在構建和諧社會的過程中充分發揮行會的作用，是當前必須直面和解答的一個重要課題。

I. Overview of the guild and the difficulties faced by the
一、行會發展概況及其所面臨的困境

Guild is to protect the interests of the industry and help each other, limiting external competition, scope of business requirements, to ensure stable operation to solve the owners established an organizational difficulties. Early 20th century in China, along with the development of national industry and commerce, in Shanghai, China in 1902 established the first trade associations - Shanghai business meeting hall. Thereafter cities of the provinces and major commercial port cities have established trade associations, while the original guild, hall into a chamber under the Association, which is now often said that the guild. From the early 1980s, after the founding of China Packaging Association and the Food Industry Association was established, China has been exploring the use of social organizations, industry management. 1985 urban economic restructuring and political reforms started, which greatly promoted the development of trade associations, State Economic and Trade Commission in 1997 in Shanghai, Guangzhou, Xiamen, Wenzhou, four industry associations pilot reform cities, which indicates that the development of trade associations in terms of made new efforts to predict the development of industry organizations may face a new breakthrough. After nearly thirty years of development, industry associations, although there is a certain level, but in the industry is still popular. This can be seen from the international comparison, the Western countries, industry associations are very active in social groups, the numbers are more, such as the UK back in 1956 had national trade association 1300, while only about 210 of 1996 months. Moreover, from the coverage, the current national trade association has covered a majority of two sectors and industries, but three industry coverage is very small, it also shows that Chinese industry association is mainly due to a small number of associations industry sectors also not detailed enough.
行會是保護本行業利益而互相幫助、限制內外競爭、規定業務范圍、保證經營穩定、解決業主困難而成立的一種組織。20世紀初在中國，伴隨著民族工商業的發展，我國于1902年在上海建立了第一個商會組織——上海商業會議公所。此后全國各省會城市和主要商埠城市相繼建立了商會組織，同時把原來的行會、公所轉變為商會下屬的同業公會，即現在常說的行會。建國后從80年代初中國包裝協會和食品工業協會成立開始，中國一直在探索利用社會組織進行行業管理。1985年城市經濟體制改革和政治改革的啟動，大大促進行業協會的發展，1997年國家經貿委確定在上海、廣州、廈門、溫州4個城市進行行業協會改革試點，這表明我國在發展行業協會方面所做的新的努力，預示行業組織發展可能面臨的新的突破。

Second, the impact of the development of the main line will
二、影響行會發展的主要原因


In recent years our guild has been rapid development, but most of the guild's role and influence is still limited, there is a self-development problems to be solved, mainly in the following areas:


(A) lack of proper, advance the development of thinking and understanding
Few industries department in charge of the guild's status and role of the lack of sufficient knowledge, some of the rows will be seen as an internal body organ, escrow agencies; Some of the guild as idlers employment placement agencies; some will have independent legal status line will be placed in a subordinate position, as an extension of government agencies; some even line will be seen as the government's burden of administrative power struggle with opponents, etc., these incorrect serious thinking and understanding affecting the existence and development of the guild.


(Two) the lack of an independent, sound legal system
China's existing "social group registration regulations" essentially procedural regulations, no special norms for the guild, the guild can not fully meet the reform and development of the procedural and substantive regulatory requirements. Thus guild nature, status, functions, roles are not clear, which to some extent limit the cultivation and development of the guild; while staffing, job classification, medical insurance, pension insurance, tax relief, it is also no phase supporting regulations and policies, so that the majority of the guild team instability, personnel and knowledge structure aging, lack of proper vigor and effect.
(Three) the lack of training, development of the overall planning
National governments and competent authorities did not nurture and develop the institutional reforms will be included in the line and socio-economic development of the overall planning, there is no clear line of different periods will develop specific targets, resulting in the distribution line will not fully adapt to the economic development and social progress needs, mainly concentrated in traditional industries and emerging industries line will almost none.
(Four) the lack of standardized, improved self-regulatory mechanism
The first line will lack initiative and creativity of the work of the spirit and sense of service, often administrative dependence is strong, "and so on, rely on, to" thinking seriously; two is the lack of a sound institutional system, the majority of the guild is no clear and complete rules and regulations ; three is the lack of younger, better educated, professional workforce, especially the lack of good work guild leaders; fourth is self-survival ability is not strong, the majority of the guild insufficient financial resources, relying on government support, failed to pass its own As an added strength, resort to self-management, self-survival and self-development.

Third, the line will be building a socialist harmonious society, a positive force

Foreign experience and China's reform and opening up has proved that simple with government forces, far can not meet the daily needs of diverse members of society. Nurture and develop the guild and other civil society organizations, we build a harmonious society is an important task, but also to build a harmonious society a real positive force.


(A) fostering and developing the line will be a market economy under the conditions of the diverse needs of stakeholders
Market economy conditions, due to the diversification of interests, difficult for the Government alone representing different interests of different stakeholders, need to build organizations that reflect their own interests to protect their own interests. For example, the decentralized management of farmers, self-employed, private entrepreneurs, white-collar workers and other high-tech industries, these different stakeholders in order to compete in the market itself in a good position, you need to join together to establish their own organizations. And the line will be able to compensate to some extent, government failures, such as the Wenzhou lighter on the EU anti-dumping lawsuit won. The visibility of this case in the country, and the world's influence is enormous, it is the Chinese folk industry associations actively responding to the first case of SMEs, fully embodies the positive role of industry associations. Guild by maintaining the industry's own interests, in fact it is fighting for social justice, so the line will help promote the social balance and social justice.


(Two) line construction is the transformation of government functions will need
Premier Wen Jiabao at the Third Session of the Tenth National People's Congress to make the government work report specifically emphasizes the "speed up the transformation of government functions," "further promote the separation of enterprise from government-owned separate affairs separate. Firmly put the government should not be engaged in to enterprises , social organizations and intermediaries. "transformation of government functions goal is to build a limited government, but to build a limited government, the government must carry out institutional reforms in order to accelerate the transformation of government functions, so that the government and enterprises, government affairs, separate function. In this process, the need to establish some new social organizations to undertake in the past by the government taking on the whole society, and this should be social responsibilities and functions, and provides a variety of social services. Undoubtedly, the guild has much to offer in this regard.


(Three) the construction line will help the government regulate their own behavior
Economic transition period, the government's role and influence is still large, the behavior of the government and its officials arbitrariness is also great, the government non-normative behavior, directly impeding institutional changes and economic development. And if the line will be widely developed, will be on the government and its officials conduct effective checks and balances and oversight.


(Four) can promote social tolerance, and promote social harmony, safeguard social stability
Guild members for various industries to provide a more relaxed space, members of the industry through a variety of ways to meet their diversity and multi-level aspirations and realize their benefits, can play a resolve social grievances, the release of the role of social pressure, but also to different social groups to coexist legally compliant, promote social tolerance.

Fourth, to promote the construction of the line would Suggestions  http://www.mythingswp7.com/dissertation_writing/Law/

(A) first aid, after the specification


First, the implementation of policies for supporting the guild without a certain quantity, quality is also out of the question, so to let go and encourage the development of guilds, appropriate to reduce the access conditions, the first to support it, such as the Shanghai introduced the "Shanghai Municipality on Promoting Development of Trade Association , "" Shanghai Industry Association Interim Measures, "" Shanghai Municipal Government Office issued on the city to promote the development of trade associations guidance notice "; Wenzhou City promulgated the" Measures for the Administration Wenzhou Industry Association "," Wenzhou Municipal People government offices to further promote the development of standardization guild number of opinions ", etc., to foster the development of a large number of rows will be organized to promote the harmonious development of the local economy.
(Two) the development side, edge integration, optimize the layout and structure of the industry associations
On the one hand grasp the bottom line will be newly established building on the other hand grasp the structure of the existing line will be adjusted, so that the development and integration of the new line will combine the old guild. Allows different service areas of industry associations has been crossed, the interbank business is more concentrated, with the regional economic characteristics of the industry or product can be led by the regional business development related to the integration of the industry association.


(Three) focus on needs, beyond the conventional
Break the original standards established by national industry classification guild approach should be based on need in the dominant industry, intense competition in the industry and foster the development of emerging industries guild, for our economy to create new growth point of service, both in the industry Association to establish Party to build the party's social work system, through to the larger industry associations and community groups to appoint party workers to ensure full coverage of social work to do, the party's organizational work full coverage. Such as the newly established Shanghai Municipal Bureau of Social Services under the new situation and actively explore the "two new" organization of party building. At present, the Shanghai Municipal Party Building Societies coverage has reached 89%, and private non-enterprise units Party coverage has reached 99.4%. Great guarantee the guild healthy and harmonious development.
(Four) to promote independence, and actively guide
Since the guild will be hosting an important principle, should be encouraged and supported. Meanwhile, the government appropriate to give guidance to promote the combination of both will be more conducive to the construction of the line. In 2007 the State Council issued "on accelerating the development of trade associations and chambers of commerce reform a number of opinions" clearly carry trade association system reform, the government and industry associations apart. This is a good news, these policies or regulations, once implemented, "folk go public, between the Government," the situation will appear. The leadership of the party and government organs of the past are often served in a number of industry associations in the president, chairman of the class title, which allows industry associations are neither civil society organizations, and non-governmental sector, to the public the impression that the "distance, like Amun, close look City temple. " We should take as the Wenzhou industry association management, industry association of Wenzhou City, is accompanied by the development and improvement of market economy and continue to develop them, and to adopt a "bottom-up" model, most of these associations voluntarily by the owners of the industry formed through democratic elections association leaders the way to develop the line about, to carry out related business activities, the government does not intervene in the internal affairs of a specific industry associations, and industry associations to carry out self-discipline activities, have achieved such good results, but also to the future Construction of the line will play an exemplary role.

V. Conclusion

Building a socialist harmonious society, first and foremost is economic development and social stability. Should be affirmed that the party's reform and opening up policy education grew up under the guidance of the majority of non-public ownership economy, as the builders of the socialist cause with Chinese characteristics, not only has a strong development activity, but also make a positive contribution, while still having a dedicated ideological consciousness of the great rejuvenation of the new social strata, and they are composed of guilds, is supposed to be building a socialist harmonious society, an important positive force.