Study On The System Of Exemption From The Anti-monopoly Law

The anti-monopoly law is the core of the economic law, is the one of the basic legal which adjust social economy in modern country, is called"the charter of the market economy","the cornerstone of the modern enterprise system", even is called"the economical constitution". From the United States in 1890 enacted the first anti-monopoly law ,So far, the anti-monopoly law has gone through more than 100 years history. The majority western country has established the quite mature consummation system of the anti-monopoly law. No matter the theorists or the practical realm, both need make a more thorough understanding to the dual functions of the monopoly ,even the nature and the significance of the anti-monopoly law, eradicating the barrier in the thought. But as an important component of the anti-monopoly law ,the system of the exemption that itself is considered the monopoly in the dual role of the anti-monopoly legislative made special arrangements. The country has enacted the anti-monopoly law in the word that has enacted some of the monopolies and restrictions on competition, excepted in the application of anti-trust regulations. The practice of the overseas'anti-monopoly proves the benefit balance holds the important status in the anti-monopoly law, when certain limit competition behavior"the advantage is bigger than the shortcoming"in the economic effect, the anti-monopoly law may leave a loophole, has the condition exemption to this kind of limit competition behavior.The system of the exemption from the anti-monopoly law is an indispensable important system in the anti-monopoly law refers to specific industries or areas, the law allows a state monopoly and monopolistic behavior exist. The depth of the system, which contributes to a comprehensive and profound understanding of the nature and role of the anti-monopoly law, for the early introduction of China's anti-monopoly law for theoretical preparations.In this paper, including the three parts of the foreword, the body and conclusion. Among them, the foreword, the main account of the background and significance of writing essays, reviews and ideas and methods of this study; part of the body, starting from the system of the exemption on the basis of the analysis of the meaning of monopoly and exemption system, features and basic theory, then the system of the exemption to the major developed the system for exact analysis then elaborated on China's anti-trust exemption status, the anti-monopoly law draft related to the contents with construction the system of the exemption of China for the legislation and recommendations; concluding remarks will briefly summarize some of the transcript.The main body of the essays by the three parts, on the foundation laid in the study were from the theoretical analysis Construction of the tripartite system of comparative studies and do an in-depth study in the face of the system of the exemption.The first part is the basic theory of the system of the exemption, which is the basis of the text. The second part lay foundation on the analysis of the former text of the relevant concepts, the basic theoretical. The study for a comparative on the system of the exemption in developed for the establishment of the system for China's system of the exemption provided a useful experiences. In the third part of our system of the exemption status based on the analysis of the legislative system. Reflections on anti-trust legislation and the proposed the system of the exemption, China's anti-monopoly law in order to construct a reasonable system of the exemption from the anti-monopoly law.The author, based on China's national conditions, considering the development trend of the international legislation, and giving full consideration to the state of the legislation and drawing on the experience of the advanced countries, China system of the exemption from the following aspects of the legislation and recommendations : First, the legislation choice of China's system of the exemption; Second, China's anti-monopoly law determine to the scope of the system of the exemption. At this point, I believe that our anti-trust immunity systems, in addition to the full set of legislative experience from other countries, should be combined with China actual conditions and would exclude natural monopoly and administrative monopoly in the scope of the exemption system; Third, the approval and supervision system of the exemption from anti-monopoly law; Fourth, set up the system of the exemption from the anti-monopoly law in the enforcement agencies. Through the above-depth analysis of the system of the exemption from anti-monopoly law to achieve a more comprehensive vision, at an early date so as to further promote China's Anti-monopoly.This article has certain originality in the content. The exemption question on the agreement of the prohibition monopoly, is the anti-monopoly legislation focal point. The author's thoughts in the newest draft which the tenth prohibition monopoly agreement exception stipulated too widespread, too blurred, should have the necessity restrictive condition, moreover, the new legislation should also consider possible exemptions in the future, not confined to the latest under the premise of the relevant provisions. Some improvements to the relevant provisions of the proposed legislation with a view to help in some way. However, because I have not engaged in thinking and the limitations of the relevant substantive work, the article is bound to a number of deficiencies and subject to further refinement.