随着市场经济的发展,我国社会进入了转型时期,政府权力逐渐分散,公共权力正大量地从政府转移到社会公共组织,行业组织也就越来越频繁地行使了对社会成员进行公共管理的权力。而依照我国传统的行政主体理论,行业组织只有在享有法律法规的明确授权时才具有行政主体资格,这使得行业组织在依据内部章程行使公共管理职权时缺乏必要的监督控制,背离了我国行政法治的目标要求。因此,我们有必要反思我国行业组织的行政主体定位,在借鉴西方国家行业组织行政法律制度的基础上,建立起以行为所行使权力的性质为判断机制的新型定位模式,以利于我国行业组织的运作逐渐走向行政法治化。 With the development of market economy, our society has entered a period of transition. The power of government gradually disperses. Public power is being transferred from the government to public organizations in large numbers. As a result, trade organizations have also exercised their public administration of social members more and more frequently that power. However, according to the traditional administrative subject theory in our country, the trade organization only has the qualifications of the administrative body when it enjoys the explicit authorization of the laws and regulations, which makes the industrial organization lacks necessary supervision and control when exercising the public management authority according to the internal constitution, The goal of the request. Therefore, it is necessary for us to reconsider the position of administrative subject of our country’s industrial organization. Based on the reference of the administrative law system of western industrial organizations, we should establish a new orientation mode of judging mechanism based on the nature of the power exercised by the act so as to benefit our country’s industrial organization Operation gradually toward the rule of law.