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Defining The Scope Of Operators In Anti-monopoly Law

Posted on:2012-01-29Degree:MasterType:Thesis
Country:ChinaCandidate:N HuFull Text:PDF
GTID:2166330335988419Subject:Economic Law
Abstract/Summary:PDF Full Text Request
China's "anti-monopoly law" uses the word operator as its application subject. The concept of operator originated from private areas, like civil law and commercial law. Usually, the most important feature of the operators is its for-profit. Because of its nature of uncertainty audit's characteristics of public law, the the range of concept of operators is more extensive compared to other private law. To define the operator in the scope of anti-monopoly law, we need to change our traditional impression, and base the concept on the law's legislative purpose and characteristics of its own. Re-established standards to meet the legislative intention and judicial law enforcement needs of the anti-monopoly law.In China, on issues related to the operator defined primarily by "Anti-Unfair Competition Law" before promulgation of "anti-monopoly law". Since it is too simple, there raise a lot of problems. And that shall be reconsidered and research. In "anti-monopoly law," the concept of representation on the operators is more flexibility. Article 12 doesn't use the word "profitable", that is a great improvement. Although the "profit" is no longer a stumbling block application of the law, but the provisions are too general in nature is still left to judicial enforcement experience and is not rich in anti-monopoly law enforcement authorities and the judiciary many problems.The paper is divided into four-parts. The first chapter describes the origins of the concept of the operator. Method by comparing the various departments of different law, study its specificity in the field of anti-monopoly law, aimed to determine the general criteria for defining the scope of operators of the Anti-monopoly Law. The second chapter mainly focus on business operators. By studying different status of the associated companies, holding companies, parent companies in the internal behavior and external behavior, to analyze how the single entity principle and the principle of independence to determine whether the operator is belong to the scope. The third chapter is the study of other organizations. By expanding the interpretation to determine industry association and the executive as the operator in "anti-monopoly law". The last chapter is the study of the,definition of the operators. Study of the definition on the status of the operator. Analyzing the history of our country's competitive culture, competitive environment, competition policy in order to find out the reason of current situation. At last, the paper explained the significance of defining the scope of the operators and give some suggestions on how to establish principles and standards related to recommendations.
Keywords/Search Tags:anti-monopoly law, defining the scope of operators
PDF Full Text Request
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