Study On Insurance Industry Exemption Of Antitrust Law

As one of the basic laws of adjusting society and economy ofmodern states, Antitrust law is an important basic constitutes ofeconomic law system. In western countries, it is known as the "Marketeconomy Charter", "The cornerstone of the modern enterprisesystem". It long-term situates in the central position of theeconomic law system. Its main function is to protect fair competition,and against monopolies and restrictions on competition. So that itwill protect and promote the healthy development of market economy.However, not all monopolies are prohibited, Antitrust laws of variouscountries have a piece of " a special area ", namely, it is a specialantitrust law system, in certain specific industries or areas, thelaw allows certain state of monopolies and monopolistic behaviorexisting and not to be pursued by the antitrust law . From the existinglegislative cases of the world, the main applicable objectives ofantitrust law exmeption are those industries or areas who aresignificant for the maintenance of whole economic interests andsocial public interests, and those restricting competition behaviorswho have little impact on market competition relationships, butbenefit the whole interests of competition . Insurance industry, ofcourse, as a matter of national important industries, is one of theapplicable objectives of antitrust exemption, so this essay trys todiscuss from the basic theory to legislative practice, with a hopethat this perspective can do something helpful to the forthcomingpromulgation of antitrust law and insurance-related legislation.This essay discusses the insurance industry exmeption , and itsthought is basically along the train: from basic theory to practiceanalysis, from foreign experience to domestic practice. This essaymade an in-depth study of the insurance industry exemption from threeaspects: theory analysis, comparative studies and systemsconstructing. Firstly, this essay constructs a relatively integratedresearch system of insurance industry exmeption. The system includsthe definition and value of insurance industry exmeption, its essenceand theoretical basis, its standards and conditions, its content andlegal effect of the insurance industry exemption, which is thistheoretical innovation in the essay. The insurance industry is oneof the antitrust law exemption objectives, but insurance industryexmeption is relative, It must conform to the Rule of Reason and mustbe consistent with the fundamental values of antitrust laws, andcannot sacrifice the interests of consumers and other marketparticipants. Secondly, this essay not only introduces thelegislation system, the scope of application, and implementation ofinstitutions and procedures of antitrust law exmeption in the UnitedStates, Japan, Germany, but also makes a survey of the developmentof its legislative history, and summarizes the relativeeffectiveness of the insurance industry exemption. It must beconsistent with the principles of antitrust law, and should not beabused, what's more, the scope and objectives of exemption changewith economic policies of different periods. It has successfulexperience of others to go by the study, especially for constructingthe insurance industry exemption system and its implementation,through which the aim of national industry protection and competitionpromotion will be realized. Finally, on the basis of the successfulexperience of insurance industry exemption in other countries, inaccordance with its basic theory, together in terms of the domesticand international economic environments of China, this essay bringsup its proposed pieces of legislation and law enforcement oninsurance industry exmeption from five aspects as follows: thelegislative structure, substance and procedures, implement agenciesand legal responsibilities .