On Protection Of SME By The Anti-monopoly Law

As an important component in the worldwide market economy, SME should not be overlooked in a country's market competition because of it's indispensable foundation status. Government,economics field,law field and industry field in different countries pay more attention to supporting,protecting,encouraging SME. Anti-monopoly law is famous for "Economy Charter", in the result, it should protect SME. It's a normal phenomena that some weak SME is eliminated in the equitable market competition. Anti-monopoly law should protect SME when the SME is washed out by the large enterprise's illegal monopoly. To protect SME doesn't mean repel existence of the large enterprise. To protect SME is not to safeguard the weak competitor, but to safeguard equitable competed order,protect market's demand,keep structure's balance. To protect SME is good to strengthen competitive intensity and establish perfect market structure. As the basic law of the market economy, anti-monopoly law can establish equitable competed environment on the one hand, and relax to control SME in some aspects on the other hand. This article analyzes from the two aspects in order to give some reference to our country's anti-monopoly law.This article includes five parts:Part one: The reasonable analysis of the SME' s existence. This part analyzes the standard of the SME in different countries and puts forward the definition of SME in our country in the future. Analyzing the important position and function of the SME in various country's economy, this article proves inevitability,rationalization and possibility of the SME' s existence on theory and practice.Part two: The relationship between anti-monopoly law and SME. This part analyzes harmony between anti-monopoly's value and SME' s protection. Moreover, it analyzes the reason that anti-monopoly protecting SME and the target pattern of anti-monopoly legislation.Part three: The specific approach that anti-monopoly law protects SME. This part analyzes the specific approach that anti-monopoly law protect SME from two aspects: On the one hand the law limits large enterprise's illegal monopoly and creates equitable competed environment; On the other hand the law protects SME' s specific behaviors, namely suitability is an exception to these specific behaviors in the anti-monopoly law.Part four: The stipulation on protecting SME in different countries' anti-monopoly law and it's reference to our country. The part analyzes various stipulation in detail in order to give some precious ideas to our country.Part five: The construction of system that protecting SME in the legislation of anti-monopoly law in our country. This part analyzes the stipulations on protecting SME and problems in actual relative law in our country. Furthermore, this part puts forward some tentative ideas to our country's anti-monopoly law.