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Answer]: The legal status of the industry intermediary organization contains the main meanings: what kind of legal personality the industry organization has; What is the legal characterization of the industry organization, that is, what kind of subject qualification it has; What are the rights and obligations of industry organizations in internal and external relations based on such legal personality and subject qualifications?
1. The basic legal personality of an industry intermediary organization is a social group and a social group legal person.
China's industry associations must be established in accordance with the relevant special legislation and the "Regulations on the Registration and Administration of Social Organizations", and have the status of legal persons.
2. Industry intermediary organizations have the qualifications of economic law subjects.
When the industry intermediary organization provides market intermediary services between the industry and the industry, it participates in it and becomes the subject of economic law.
3. Industry intermediary organizations enjoy the right to negotiate with state organs in accordance with the law, and at the same time have the obligation to obey the coordination and management of the state economic management organs in accordance with the law.
4. Industry intermediary organizations have a certain scope of economic management functions in accordance with the law.
From the perspective of relevant industry legislation at home and abroad, the "certain scope" is usually limited to the scope of coordinating, safeguarding and promoting the interests related to the industry and the interests of members of industry associations.
5. Pure industry intermediary organizations have the right and obligation to self-discipline in accordance with the law.
On the one hand, industry self-discipline means that industry intermediary organizations must manage and bind industry members within the legal framework with industry rules and regulations, industry management norms, etc.; On the other hand, it also means that it has the right to exclude other powers and interfere with it to a certain extent, and to exercise self-governance.
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First, it is conducive to maintaining a fair, professional, and authoritative economic and social order. Law firms, certified public accounting (auditing) firms, asset appraisal firms, patent and trademark firms and other market intermediary organizations are undoubtedly crucial to the establishment of the principles of fairness, justice and openness in society through economic and social activities such as issuing and providing authoritative laws, notarizations and professional certifications.
Second, it will help promote the soundness and perfection of the rule of law environment. Whether it is a law firm, a certified accounting (auditing) firm, or a trade association, association, or other organization in a social intermediary organization, it has the functions of law enforcement supervision and autonomous supervision, and giving full attention to and giving play to the role of these social intermediary organizations is conducive to promoting the process of social democracy and the rule of law.
Third, it will help safeguard the fundamental interests of the country and the nation. After joining the World Organization (WTO), social intermediary organizations and non-governmental forces will become the representatives of the counterpart forces and the weight of negotiations in foreign exchanges and economic exchanges, such as export and product dumping. With the deepening of economic globalization and the natural increase of such economic and cultural activities, the role of social intermediary organizations will become increasingly prominent and important.
At the same time, after the weakening of the administrative management of the unit system during the period of the planned economic system, the establishment of a new social security mechanism, the solution of the problem of laid-off employment of workers, the supervision and regulation of the operation of the economic market, and even the curbing of corruption and other social and economic problems all need to be carried out in coordination with the help of social forces, especially the strength of intermediary organizations and their social influence.
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