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Research On Basic Issues About Laws Of Anti-monopoly In China

Posted on:2004-10-02Degree:MasterType:Thesis
Country:ChinaCandidate:C Y ChenFull Text:PDF
GTID:2156360095961774Subject:Economic Law
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If China wants to set up the mechanism of market economy, it's necessary to establish the legal system which could protect and maintain the order of competition. My thesis expounds the basic issues about the Laws of Chinese Anti-monopoly from five aspects such as the necessity, purpose of legislation, objective and field, proper exception and organization.It's necessary to make an anti-monopoly in China. It's one of the basic laws of market economy and the important components of the legal system of socialist market economy. Since the ' Law of Sherman' came into effect, the Laws of Anti-monopoly have been found in more than 80 countries in the world. It has played an important role in many respects such as the establishment and maintaining of the fair market order, protecting competitive entities for the equal opportunity, keeping social public interests and improving the development of Chinese economy.Different countries have different legislative purposes in Anti-monopoly. However, generally it's all for further competition and maintaining the market economy order to develop national economy. The orientation of Chinese legislation is the unity of the proper free competition, effective competition and actual fair competition.Monopoly may be categorized into the state of monopoly and the action of monopoly. Therefore, the judging criterions toward the monopoly objectives have formed into 'structuralism ', 'Behaviorism'. Although the focus and the concrete forms of different countries' Anti-monopoly are not the same, the judgment criterions are changing from the 'structuralism' to 'behaviorism'. And the focus is on the action of monopoly. In China, the judgment criterions are based on behaviorism, plus structuralism. At present, administrative monopoly is often mixedwith economic monopoly. But the harmfulness of administrative monopoly is far more than that of economic monopoly.Laws of Anti-monopoly don't prohibit all the limited competitive actions. When the limited competitive actions have the positive effects and effect of limiting the negative outcomes, and positive effects outcomes the negative outcomes, the laws of anti-monopoly will have some proper exceptions for the limited competition actions. So today in China, so natural monopoly fields such as transportation, telecommunication, electric power, petroleum etc. and the Carter fields such as right of knowledge property, the enterprise combination of the national economy which benefits the nation.To set up the enforcement agency of Anti-monopoly and its duties is crucial to the issues about how the Anti-monopoly effectively is carried out. Everything depends on its enforcement. Although every country has different features about its concrete system, it is the same about the setting up of specialized agency for the enforcement of anti-monopoly. In China the anti-monopoly enforcement agency should react to the factors of the features, tasks, objective and the models of competition legislation. We have two specialized enforcement law agencies, that is, the Central and the provincial and define the different rights such as inspection and check rights, administrative punishment rights and administrative arbiter rights etc..
Keywords/Search Tags:monopoly, administrative monopoly, economic monopoly, proper exception, law enforcement agency for anti-monopoly
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