Research On The Coordination Institution Between Industrial Policy Law And Anti-monopoly Law

In essense, Industrial policy law and Anti-monopoly law as two kinds of weapons of government intervention in the economy, there are conflicts because one is originated from developed countries where have basic thoughth of anti-monopoly the other is produced from developing countries where want to exercise state-power to develop economy quickly.That is, developed countries are in urgent need of anti-monopoly law to regulate monopoly and restricted competition behavior, to build a healthy market competition and remove market barriers as soon as:possible; developing countries are in urgent need of insutrial policy law to catch up develped coutries, to support large-scale enterprise group, to promote economies of scale and enhance international competitiveness, thus there are contradictions when both are depolyed in a specific country. The dissertation tries to set out from a perspective of law science and discuss how to build China's legal coordination institution between industrial policy law and Anti-monopoly law.The dissertation focuses on the following four problems to study:Firstly, research on the basic theory of coordination institution. The paper analyzes that there are some conflicts between their resource allocation mechanism, economies of scale and anti-monopoly, industrial policy law as the strongest government-intervention and Anti-Monopoly Law as the least weak one, justice and interests from the perspective of legal value. In the meantime, it shows these conflicts are able to be coordinated in view of the basis of the economic economics and law.Secondly, general research on specific coordination institution. Based on correlations of institutions, specific coorindation institution consists of three parts. That is, exception and prior consultation; cartel exemptions and merger control system; special permit system and settlement system. In the end of chapter, reviewing and analyzing total insititutions.Thirdly, analyzing China's unique political, cultural, economic background, assessing China's coordination institution. The paper pointed out that the trend between industrial policy law and anti-monopoly law is that industrial policy law plays important role in the national economic life, rather, antimonopoly law does minor role; China's legal coordination institution is imperfect.Finally, building chinese coordination system. The paper proposed to build innovation—driven industrial policy law; emphasized on the main role of antimonopoly law in the China's economic life; seted prior consultation system, detailed each kind of exemption criterial regarding different cartel exemption types, pointed out merger exemption system should be detailed to list "public interest". In the end, the end of the dissertation proposed that an independent and powerful power should be authorized to Anti-monopoly law enforce agencies in order to reconcile the contradictions.