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Interregional Conflict Of Chinese Antimonopoly Law

Posted on:2012-03-13Degree:MasterType:Thesis
Country:ChinaCandidate:H ShengFull Text:PDF
GTID:2166330335468860Subject:Economic Law
Abstract/Summary:PDF Full Text Request
China originally is a country of one Territorial Legal Unit. There is no interregional conflict of laws, also does not exist interregional conflict of antitrust law.But, China including Taiwan will become a country of "one country two systems three law four jurisdictions", since that China's resumption of sovereignty over Hong Kong and Macau in 1997 and 1999.According to the relevant regulations of the basic laws of Hong Kong and Macao special administrative regions, "special administrative region don't implement the socialist system and policies, will retain the current capitalist system and way of life, 50 years unchanged." Special administrative region remain the original legal system, which not only makes basically unchanged interregional conflict of laws in China, but also resulting a specific situation of interregional conflict of antitrust law exist. And China's legal conflicts including anti-monopoly law inside than other countries in this world are more complicated. China's interregional conflict of laws exist the same social system interregional conflict of laws. Because there is a relationship from the interregional conflicts of laws in Hong Kong, Macao and Taiwan. Also the relationships among Chinese Mainland, Hong Kong, Macao and Taiwan's legal conflicts show the different social system interregional conflict of laws. In different legal in antitrust behavior between cooperation and mutual assistance have been severely restricted because of interregional conflict of antitrust law, and there is no benefit for our country economic interrelations in collaborative, stable, healthy and rapid development. So the study of Chinese antitrust law interregional conflict problem to explore the solution principte, route and specific methods of China antitrust law interregional conflict, not only to China economic interrelations collaborative and stable development has very important practical significance, and to further strengthen the national cohesion of the Chinese nation, will realize unified on both sides of the Taiwan straits is also very important realistic significance At the same time, how to solve the interregional conflicts of law, including the antimonopoly law, different scholars have different viewpoints. And research on this problem, no doubt, is very important theoretical significance.This article mainly includes the following four parts:The first part puts forward the problems. This section mainly expounds the anti-monopoly interregional conflict origin and the theoretical significance and practical significance of studying the antimonopoly law interregional conflict. Also the Interregional conflict although antimonopoly law from the legal conflict and anti-monopoly conflict, but it is different from general legal conflict, is different from the general anti-monopoly conflict. It is the contradiction and conflict in anti-monopoly law which is between the different legal regions in the same sovereign state internal. Such legal conflict usually occurs in a federalism state (compound legal region). Research the interregional conflict of anti-monopoly law, and then explore interregional conflict problem solving such problems principle, route and methods for Chinese economic interrelations in collaborative, stable and healthy development and further strengthen the cohesion of the Chinese nation which is extremely important theoretical significance and social reality significanceThe second part:expounding the main performance in the interregional conflict of the antimonopoly law. The China's interregional conflict of the antimonopoly law not only expressed in antitrust legislation and specific content, and other aspects, and also performance in anti-monopoly enforcement and judicial aspects.The third part, discusses the United States and the European Union antitrust interregional conflict solving the legislation and practice. American constitutional law system not only through the different legal regulations, but also related to monopolistic conducts the interregional conflict regulations system of different legal monopoly. The European Union has through the political, economic and legal highly unified integration mediation between different legal antimonopoly laws, including legal conflict.The fourth part, this paper discusses the principle of China's antimonopoly law interregional conflict solution and approaches. China solves anti-monopoly law shall comply with the following principles:" One country, two systems", to safeguard the unity of the motherland principles, be practical and realistic, the principles of fair treatment of peace and mutual benefit and respect for public order and security in every legal economic coordination and stable development. To solve the fundamental path of antimonopoly law interregional conflict should be at present mainly on bilateral agreement, future solution from conflict law solution to the substantive law solution for transition. And in solving emphatically resolve administrative monopoly, law enforcement agencies, and a few issues should not only learn foreign outstanding experience, but also to pay attention to our country's actual conditions.
Keywords/Search Tags:The Conflict of Laws, interregional conflict of laws, Anti-monopoly law
PDF Full Text Request
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