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随着我国行业协会的发展,与行业协会有关的法律问题越来越引起人们的重视,鉴于由行业协会处罚权引起的纠纷日益增多的现象,学界也开始质疑行业协会的处罚权的法律性质。本文拟通过现在国内外对行业协会处罚权法律性质的研究进而从权力的角度切入对行业协会的性质进行了初步研究,最后得出结论认为我国的行业协会的处罚权具有公私权力混合的法律性质。
With the development of China’s trade associations, more and more attention has been paid to the legal issues related to trade associations. Due to the increasing number of disputes caused by the penalties of trade associations, academics are also beginning to question the legal nature of trade associations’ penalties. This paper intends to study the legal nature of the punishment right of the trade association both at home and abroad and further study the nature of the trade association from the perspective of power. Finally, the author concludes that the punishment power of our country’s trade association has the legal nature of the mixed power of public and private .