尽管我们可以把企业接受行业协会章程和有关规定,看作是类似于签订格式合同,是加入行业协会之后的一种权利让渡,把行业内的惩戒看作违约的责任,但是,毫无疑问的是,这种惩戒权力具有公共权力性质。因此,该项权力的行使应当接受公法原则的制约,也就是要遵从我们所熟悉的比例原则、正当程序、法治和合法预期保护等要求。 Although we can regard the acceptance of the constitution and relevant provisions of the trade associations as a kind of transfer of rights similar to the conclusion of a formal contract after joining an industrial association and regard disciplinary action in the industry as the responsibility of default, there is no doubt that It is this kind of disciplinary power that has the power of public power. Therefore, the exercise of this power should be subject to the principle of public law, that is, to comply with the principle of proportionality, due process, the rule of law and the lawful expectation of protection that we are all familiar with.