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行业协会的治理在今天中国的法治建设占据了越来越重要的地位,其最主要的作用体现在行业自律上,而其自律主要通过制定行业自治规则来实现。实践中,由行业自治规则引发的争议和纠纷愈来愈多。文章拟就行业自治规则概念的界定、行业自治规则与国家法律的冲突与融合以及如何达到双赢的局面作一些探讨,以期起到抛砖引玉的作用。
The governance of the trade association occupies an increasingly important position in the rule of law in China today. Its primary role is reflected in the self-discipline of the industry, and its self-regulation is mainly realized through the formulation of the rules of self-government in the industry. In practice, disputes and disputes triggered by the rule of industrial autonomy are more and more. This article intends to make some discussions on the definition of the rule of industrial autonomy, the conflict and integration of the rules of industrial autonomy and national law and how to achieve a win-win situation in order to play a valuable role.