Research On China's Competition Legal System And Its Coordination

With the promulgation and implementation of China's "Anti-Monopoly Law", China's competition legal system has generally come into being. But aimed at the actual state of economic development and market competition in different periods, there may be conflicts and contradiction between the competition laws and regulations. To adapt to economic globalization and international competition which have led to enormous changes in competition rules and to ensure that China's competition law can be implemented more effectively, it's necessary to conduct a systematic analysis and research on China's competition law system and its coordination, to resolve the many conflicts in the competition legal system and to achieve its harmonization.Based on the analysis above, this article regards China's legal system and its coordination as the research object, and focuses on construction of coordination mechanisms of China's competition legal system, and strives to establish the competition legal system in line with the actual needs of Chinese market competition, in order to promote the construction of China's competition legal system, effectively guarantee free and fair market competition, safeguard the legitimate rights and interests of consumers and social public interests.Chapterâ… is on the general theory of competition law system. It specifically explains the meaning of competition law system and its contents, and sorts out the basic composition of China's competition law system. Again, it points out there exist many inconsistencies in China's current competition law system, mainly including inconsistencie in competition law regulations, substantive rules and procedural rules, rank, enforcement agencies, enforcement system, and competition rules at home and abroad, etc. And explains the reasons for these inconsistencie mainly include objective reasons and subjective reasons and system reasons. Chapterâ…¡is on the examination and inspiration of foreign competition law system. Through inspection and analysis on competition law systems of the five countries such as the United States, Germany, Japan, Britain and South Korea, it points out the inspiration to improvement and coordination of China's competition law system in different aspects. Chapter III is on the relationship and coordination between China's basic competition law systems. It points out that "Antimonopoly Law" and "Anti-Unfair Competition Law" constitute China's basic competition law systems. Even though there are common values and positive role in aspect of protecting competition, there still exist important differences in the function mechanism and physical content. And it gives approaches to deal with the incompatibility on the adjustment range, standards of conduct, enforcement agencies and legal responsibility between the two. Chapterâ…£toâ…¥are on relationship and coordination between anti-monopoly law and related laws. The difference-type style of China's competition legislation decides that we must face with the incompatibility between "Antimonopoly Law " and anti-monopoly rules in the existing relevant laws since its promulgation. Through exposition on the relationship and coordination between China's antimonopoly law and consumer protection law, trade regulation law, intellectual property law, foreign trade law, product quality law, public bidding law and criminal law, it provides viable approaches to address the conflicts between the China's antitrust law rules. Chapterâ…¦is on the relationship and coordination between anti-unfair competition law and pertinent laws. With the deep development of China's market economy, many unfair competition acts in market economy have been fully exposed. Some provisions in "Anti-Unfair Competition Law" no longer meet the needs of economic development. In addition to the urgent need for coordination between the existing "Anti-Monopoly Law" and "Anti-Unfair Competition Law", a number of existing competition-related laws, such as intellectual property law, consumer protection law, price law, product quality law and civil law, and so on, contain terms of regulating unfair competition. But because of the problems on legislation time and legislative techniques, there inevitably exists the cross and overlap between these regulations and the "Anti-Unfair Competition Law", and need for coordination. Chapterâ…§is on the establishment of the coordination mechanism of China's competition law system. It is the key and difficult part in the full article. Firstly, it points out that the new changes in space effect, value function, regulation objects, regulation scope and regulation methods of the competition law system under the economic globalization. Then points out that the coordination of competition law system mainly includes coordination of competition law objectives, coordination competition law principles, coordination of adjustment objects, coordination of law enforcement institutions, and coordination of liability; further through analysis on the damage of competition law conflicts, it shows that the significance of coordinating China's competition law system. Again, from the normative point of view, it summarizes and proves that the signs of harmonization of China's competition law system include the three elements such as form, content and value. Finally, with China's domestic resources, it designs the target model and coordination paths of China's competition law system. On the target model, the establishment of China's competition law system should be attached great importance to coherence between legislation, enforcement and judiciary of competition law, making competition law legislation the leading and using competition law enforcement and judiciary to implement and test legislation; On coordination paths, it designs them from legislation, administrative enforcement, jurisdiction and international coordination multi-dimensionally. Simultaneously, it analyzes them according to the different situations before and after legislation (ie. pre-and post-coordination).Thus, it builds an all-round, three-dimensional mechanism to coordinate China's competition law system.In short, China's competition law system established scientificly and rationally should be the legal system, the elements of which, including antitrust, unfair competition and other relevant competition law system, relate and interact and constraint with each other, and which is an organic whole from the content to form, to the function with the high harmony and unity, and which is a legal system playing its role fully. Concretely speaking, the specific paths of coordination are:harmonization of competition legislation mainly consists of both pre-and post-coordination. In which, pre-coordination measures include clear competition legislation authority, perfect competition legislation procedure, improving the quality of competition legislation documents, paying attention to the logical structural harmony of competition laws and regulations; post-coordination measures include improving competition legislation, establishing the relationship between competition laws and regulations from the legislation, giving the right authority the necessary adjudication, and strengthening the coordination with WTO rules of competition. Competition law enforcement coordination mainly includes the coordination enforcement agencies and the coordination of law enforcement procedures, etc. Coordination between competition legislation and enforcement, justice notably lies in the use of discretion and the interpretation of competition law, etc. Coordination between competition law enforcement and justice is mainly embodied in the principles of applying to competition law, coordination between competition law enforcement agencies and courts, and coordination of competition legal responsibility system. International coordination of competition law mainly includes substantive rules coordination and harmonization of procedures.