State-owned Enterprises In The Legal Regulation Of Monopolistic Behavior

Since reform and opening up, after a preliminary exploration of State-owned enterprises, institutional innovation and promoting the gradual reform of the three stages in depth, most State-owned enterprises out of loss-making situation, and for many years to achieve a profit growth, effectiveness of State-owned enterprise reform gradually.But in the process of State-owned enterprise reform, development, there have been many economic and social problems and hidden dangers.Especially in the reform process in the monopoly of State-owned enterprises in the formation of monopolies and the accompanying problems have seriously affected the construction of the harmonious development of society and the Socialist rule of law.In view of the system reform of China's market economy has been more than 30 years, even though now there are many issues such as power and market boundaries are not clear, but is also built a number of effective market discipline mechanism.In private enterprises and areas of State-owned enterprises can compete effectively, monopolies, restrictions on competition issues of State-owned enterprises are not very prominent, so this article in the analysis and study of State-owned enterprises at the same time focusing on the problem of monopoly State-owned enterprise problems.To "social standard" for spirit concept of economic law to maintenance social economic structure overall balance, and protection fair of market economy run order, and ensure economic efficiency, and economic fair for value target, in focus on form Justice of while more focus on real justice, especially in maintenance economic security, and economic fair relative Yu traditional of civil law, and administrative law has unique of advantage, therefore this article focused on pursuant to economic law theory on monopoly sexual State-owned enterprise problem for analysis and regulation.By market regulation method can on monopoly sexual State-owned enterprise of monopoly behavior, and limit competition behavior for effective of regulation; by macro-control method can in analysis, and defined State-owned enterprise legitimacy and legitimacy Foundation Shang, determine State-owned enterprise must control of industry area, in ensure monopoly sexual State-owned enterprise in protection economic security of while limit State-owned enterprise of unlimited expansion; by economic supervision method can ensure monopoly sexual State-owned enterprise of State-owned assets hedge, and value-added of while combination industry supervision regulations regulation State-owned enterprise of monopoly conduct.By perfecting the relevant laws and regulations especially economic laws and regulations is not only effective means of regulation of monopoly monopoly State-owned enterprises and improving macroeconomic regulation and control mechanism, effectively expanding the domestic demand, important means to promote the steady and rapid economic development, is to protect and improve people's livelihood, social equity and justice, promoting the harmonious development of society and important means of building a socialist country.Panoramic view of the countries of the world competition law, factors of ownership has never been decided whether competition law exemption criteria for the treatment of, and through the analysis of present situation of China's market, pushed to know, on the regulation of the monopolistic state-owned enterprises in China are feasible.On the concept of State-owned enterprises and types defined in this article, related issues such as defects and how to perfect the relevant laws and regulations through a system of study.Key in the text of monopoly State-owned enterprises from different perspectives such as the monopoly on efficiency, equity, social welfare, and macro-control system analysis of the impact, and from the monopoly of State-owned enterprise monopoly agreements, abuse of dominant position in the market behaviour and concentration behavior, combining administrative monopoly and its regulation of administrative power demonstration of rationality.Article last of China's reality, perfect and built a series of legal system, from improving market regulation law, related to macro-control law, economic regulation, to establish new rules and regulations of several aspects of the legal system is illustrated, with a view to perfecting the reform of State-owned enterprises and construction of China's market economy and the rule of law to a certain degree of significance.