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商会是完善的现代市场体系中不可缺少的重要组成部分,在市场经济中发挥着重要作用。它不仅是会员企业发展规模经济、代表并维护会员企业权益的好帮手,又是承接政府与企业的桥梁,发挥着沟通、协调宏观与微观的作用。改革开放以来,我国商会经历了从无到有的发展过程,现已建成以全国工商联、贸促会、企业联合会、商业联合会等大型全国性商会,多家地方商会、多种行业协会并存的商会体系,而且在经济发展中不断壮大队伍,拓展活动领域。但随着我国商会组织的发展壮大,也凸显出了不少问题。到目前为止,虽然有一些有关商会的政策性文件和地方法规,却始终没有出台一部商会基本法来规范商会组织,解决出现的问题。笔者试图通过比较研究外国商会法律制度,探讨适合于我国商会发展的法律制度。
The chamber of commerce is an indispensable and important part in the perfect modern market system and plays an important role in the market economy. It is not only a good helper for member enterprises in developing economies of scale, representing and safeguarding the rights and interests of member enterprises, but also a bridge between the government and enterprises, playing the role of communication and coordination between macro and micro. Since the reform and opening up, our chamber of commerce has undergone a process of development from scratch. Now we have built up large-scale national chambers of commerce such as the All-China Federation of Industry and Commerce, the CCPIT, the Enterprise Confederation and the Commercial Confederation, several local chambers of commerce and various trade associations Chamber of Commerce system, but also in the economic development continue to grow team, expand the field of activity. However, with the development and expansion of the chambers of commerce in our country, many issues have also been highlighted. So far, although there have been some policy documents and local laws and regulations on chambers of commerce, no one basic law has yet been promulgated to regulate Chamber of Commerce organizations and solve problems. The author tries to explore the legal system suitable for the development of the chambers of commerce in our country by comparatively studying the legal system of foreign chambers of commerce.