Research On The Functional Coordination Between The Industry Law And The Competition Law

The industry law refers to the collection of laws which are made by the government based on the specific economic ideals and purposes in order to regulate the practical industries, and it is equal to the industry policy law in such meaning. The industry law has grown from the industry policy through legislated procedure, but this transition must meet for the specific conditions both in the object and procedure. Competition policy refers to the regulation on the market competition made by the government based on some economic purposes especially on the industrial purposes. It includes encouragement and promotion, but the limitation is the majority. Therefore, competition policy is absolutely different from the competition law which takes protecting the free and abundant competition as its dominant purpose. Competition policy is the mutual zone between industry law and competition law. But such difference doesn't exist between the international competition law and international competition policy, both of which are the regulation supplied in the international degree in order to protect, promote and guarantee the free competition.The conflicts between the industry law and competition law in the economic practice are reflected in three aspects: the impose on the will of market competition by the will of industry of government; the"empire"ruled by industry policy through the"exceptional articles"; the bad recycle by the wrong use of will of industry policy and industry policy law. The reasons for these conflicts are: the ideals and action of old policies and regulations still rule in many fields; the contemporary society faces the imposed affection; the path dependence made by old systems and benefits; the lack of many necessary regulations.The theoretical bases for the functional coordination between industry law and competition law can be understood in two aspects: the one is from the retrospect toward the division theory of the legal parts. The objective connection between industry law and competition law has been cut off by such traditional theory, so the functional coordination between the two laws is imperative to realize the scientific division among different laws. The other is from the view of the abstract theory of the functional coordination among laws. We can find that the functional coordination between industry law and competition law not only meets for the needs of the common theory, but is the objective requirement for the economic practice. The functional coordination between industry law and competition law has the significant meanings to the practice: for one thing, it can form and promote the competitive power of the national economy; for another, it can accelerate and guarantee the social competitive power.The basic fracture of the functional coordination between industrial law and competition law includes four aspects: ideal, principle, degree and institution. Firstly, we should change the traditional recognition in the ideal that the coordination between the two laws shouldn't be only limited in the"rectifying mutual faults", but realize that they coexist in the society and economy. Secondly, the principles include three aspects: to deal with the relation between the natural and constructive characteristics reasonably; to divide the concrete degrees reasonably; to deal with the relation between the domestic and international characteristics reasonably. Thirdly, the coordination should be reflected in three aspects: ideal, regulation and practice. Finally, the functional coordination needs a positive and active institution, which includes the right approaches and the concrete legal systems.Under the economic background in china, the common systems of coordination should be arranged in different orders and degrees. Firstly, to open the domestic market in deeper degree,; give in the card system and so on in order to create a better environment for market subjects to invest. Secondly, to break up the monopoly situation of the big enterprises and meantime, open market in special industries bravely in order to realize complete competition in such places. Finally, to accelerate the revolution of the company governance for the big enterprises in order to realize the change in their structure of stock and investment.