Legal Reflections On Improvement Of The System Of Exemption From Chinese Anti-monopoly Law

Exemption doctrine of anti-trust law is a legal system applied to certain specific sector or areas. It allows some monopoly state of affairs or behavior to be legal under certain conditions. Exemption doctrine of anti-trust law is a kind of recognition and protection to the positive functions of monopoly. It is not only an effective way to uphold normal competition but also an inevitable choice to keep balance between anti-trust and economic development. Helped by the exemption doctrine of anti-trust law, governments can do many beneficiations, for example pushing technological innovation, adjusting industrial structure, enhancing the enterprise international competition, which are all beneficial choice for the whole country's balance among national politics, economics and policies.In China, anti-monopoly law was carried out in August 2008 during the anticipation of the public. The Prescription of the abuse of market domination, the monopoly agreement and the concentration of proprietors is the main part of the anti-monopoly law. But the system of the exception of anti-monopoly law is imperfect for there are only some general regulations about some particular industries like intellectual property. This paper is aimed to analyze the basic theory of the concept, the character and the function of anti-monopoly law exception, to expound the rationality of it from the aspects of economic basic, policy basic, law basic and moral basic, to do textual research about the realistic factor and legislation background on the basic of the comparison of different countries'anti-monopoly laws, and finally to give some advises on the improvement of our countries'anti-monopoly law. The dissertation makes a systematic study of the exception of the applying of anti-monopoly law.At first, the basic theoretic analysis is introduced. The author discussed the reasonability of its existence in the anti-monopoly law from the perspectives of jurisprudence, economics and policy. The system has some values such as the whole social benefits, fairness and efficiency, morality. And then, the conflict and coordination between anti-monopolization and system of exemption are introduced. Correspondence found from analysis can make the effect well. Comparison study in the substantiality of the exemption system is made. Compared the exception of the applying of legislative and judicature in the USA, EU, Germany and Japan, discard the dross and select the essential, and make it play a referential part for improving our the exception of the applying system. On the basis of the research, criticize from the three parts: first the exception of the applying mode, secondly, the exception of the applying of scope and last, the exception of the applying procedure. Finally aiming at the resisting questions, learn experience and on the basis of our national conditions, we give an advice—adding some general articles to the legislative mode, formulate general standards on the exception of the applying; detailing the articles of applying scope; adapting the apply-check-permission mode, and consummate the objection system.The theoretical analysis of the exception system of the anti-monopoly law and the comparative research on the system in other countries and regions have big theoretical and practical significance on constructing the anti-monopoly law exception system which is suitable for Chinese actual situation, promoting the development of economies of scale, improving the international competitiveness of Chinese enterprises, protecting the rights and interests of Chinese consumers, maintaining the public interest and building a socialist harmonious society.The innovation theory in this article is making recommendations on the significant distinctions between exception and exemption of anti-monopoly law, such as the different definitions, the scope of application, the adjusting objects, the procedures, the developing trend and other aspects.