Trade Associations' Power of Sanction - From the Chinese Perspective
Yan Hao, Ling Xiao
Abstract
Disputes are arising with the increasing litigation disputes caused by punitive action of trade associations in judic
ial practice, which focus on the legitimacy of punitive measures, the specific manner of dispute resolution, the rela
tionship between punishment and antitrust law and so on. By contrast, there has been a lack of systematic researc
h on the relevant theoretical issues, on which the punitive power of trade association should be focused, the vital t
heoretical framework of the autonomy and self-discipline of the trade associations should be re-sorted. This study
aims at responding to such potential need of the reality. This study analyzes the generation and the balance mecha
nism of the punitive power under the scrutiny of social exchange theory.
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