Research On The Approach Of Banking Antitrust Law Regulation

Although the Antitrust law has only hundreds of years of history, it is an independent market economic regulation means to maintain competition, known as the Economic Constitution. Antitrust law shoulders the task of maintaining market economic development, just happens to meet the banking market monopoly problem. From monopoly to competition, the banking market is in urgent need of antitrust regulation. Chinese banking industry market development is highly dependent on government intervention, and market monopoly issue is quite complicated. In the social public opinion, different subjects hold different views on the banking industry monopoly. Financial consumers denounce the exclusion behavior of banking institutions. Economists criticize the lack of market spirit in the banking industry. Bankers try to maintain positive image of banks, and policymakers have not yet taken related measures. In the banking monopoly Rashomon, implementation of the Antitrust law is the critical path to solve the problem. Banking monopoly needs to start from the legal perspective, thinking about the way to solve the problem.In the study of banking monopoly, the financial scholars pay much attention to the analysis of the index, while the law scholars pay attention to the application of the Antitrust law. In order to supplement the financial supervision, banking market needs more independent and authoritative competition law regulation means. In respect of the market rule, we should develop the banking antitrust legal regulation system based on the regulation of monopoly behavior. Because of the complexity of the banking monopoly problem, and the immaturity of Chinese antitrust law regulation system, banking antitrust regulation still has a long way to go. We cannot ignore the monopoly of the banking market due to the immaturity of the anti-monopoly regulation. The financial market not only needs to promote the rule of law, but also needs the effective implementation of the antitrust law. The antitrust legal regulation of Chinese banking industry should be based on the characteristics of the problem of monopoly, exert the advantage of antitrust regulation, and promote the process of the banking market.The research of this paper follows the approach of the problem, according to the basic structure of the development and improvement of the legal regulation. Specifically, this paper starts from the five stage of the legal regulation of ‘regulation demands- regulation rules-regulation issues – regulation analysis – regulation development', explains the origin of the regulation of banking monopoly, the legal definition of the banking monopoly, the problem and logic of the banking industry antitrust regulation, and the development of the banking industry antitrust regulation. This paper is divided into five chapters except introduction, the specific content includes:Chapter one is ‘banking monopoly: issues and regulation demands'. By analyzing the banking monopoly theories and practical issues, this chapter points out that the research is intended to establish legal system of banking industry antitrust. From the overall development trend, Chinese banking market gradually from the monopoly to competition. In view of the present situation of the antitrust law, we believe that the antitrust legal regulation system of the banking industry in our country should be guided by the behavior regulation. Banking monopoly problem of law essence lies in the formation of monopoly behavior, destroy the market competition order, damage the financial consumers' rights and influence the social and public interests. The monopoly behavior of the banking market in our country is mixed with the government's improper intervention, which has the characteristics of multi-field and multi-level. The antitrust legal regulation of banking industry should be based on the market construction, focusing on the solution of the problem of the market monopoly, correctly handling the relationship with the financial regulation, and exploring the perfect path of the anti-monopoly law regulation system of the banking industry through the implementation of the Antitrust law.Chapter Two is ‘the legal rule of the banking monopoly'. This chapter begins with the structure of the monopolistic behavior, focusing on the interpretation of the legal authenticity of the banking market monopoly. The determination of the market behavior of the banking industry should be based on the rational rules and caution using a per se rule. The identification of the relevant market of the banking industry should focus on the development and scientific nature of the conclusion, respect the industry characteristics of the banking industry, and timely adjust the identification method. The legal regulation of antitrust in the banking industry should be based on the characteristics of the operators, dominated by economic monopoly and administrative monopoly as a supplement. This paper analyzes the different characteristics of the banking market in the aspects of monopoly agreement, abuse of market dominant position and concentration of business operators.Chapter Three is ‘the problem of banking antitrust legal regulation'. From the "goal-subject- method- effect" of the regulatory structure, this chapter is based on the problem of the antitrust regulation in the banking market; clarify the key link of the regulatory system. In China's banking market, the target of antitrust regulation is lack, and the multiple orientation of antitrust regulation targets not only lead to the concentration of the target, but also make the convergence with the target of banking regulation. The power conflict between antitrust regulation and industry regulation of banking industry is not conducive to the realization of the goal of regulation. The immaturity of the antitrust regulation has aggravated the rejection of the banking market to the antitrust regulation. Banking antitrust regulation faces two difficulties in internal and external: imperfect regulation method has become the "internal problems" of the reason, and antitrust problems, weakening its authority and professionalism. As a result, deterrent effect and compliance effect become a luxury.Chapter Four is ‘the legal analysis of banking antitrust legal regulation'. This chapter according to the foregoing issues, based on the characteristics of monopoly and anti-monopoly of banking market situation, explain the logic of legal regulation from the four aspects of the concept of regulation, the rights of the guide, the power of coordination and regulation. The key to the application of antitrust regulation lies in the support, regulation, and independence. Under the trend of the development of financial market, financial rule of law and financial democratization, the antitrust regulation of banking industry should establish the concept of rule of law, auxiliary and independent. Through the regulation of monopolistic behavior, get rid of path dependence in the banking market. The antitrust regulation should be clear about the different rights needs of the competitors and the consumer market, through the perfection of the system to alleviate the uncertainty of the antitrust law, explore the uniqueness of the banking antitrust regulation.Chapter Five is ‘the development of banking antitrust legal regulation system'. In this chapter, we first make clear the right exercise principle and boundary of the antitrust law regulation of the banking industry, and make clear the characteristics of the antitrust law system. The legal regulation of antitrust in banking industry should be regulated by the Antitrust Committee of the State Council, rational allocation of monopoly law enforcement jurisdiction, and constantly promote the judicial reform of the antitrust law enforcement agencies, according to the principle of distinguishing the banking market government behavior of the antitrust review, and through the law enforcement and settlement system to explore the flexible treatment of banking market problems. We should take a big data and marketing competitive evaluation system as basis of the banking sector. We should constantly improve the physical system and procedural system, to ease the banking antitrust laws and regulations of the uncertainty. In addition, we can also through the private implementation, expert participation, competitive advocacy, competitive neutrality and administrative guidance to improve the banking antitrust laws and regulations.