The Study On The Law Regulation Of The Special Economical Interest Groups

At present, China is in a critical period of transition that from the traditional society to a modern society ,with the division and restructuring of the interests of the community structure and the development of the political democratization and the rule of law, all of which have provided an objective basis for the social and political possibilities for the special economical interest groups,the emergence of the phenomenon of special economical interest groups is an inevitable trend.Special economical interest groups often manifested in a number of large monopolistic enterprises, such as China Telecom, China National Petroleum, China Petrochemical, China's electric power and so on .In recent years, these monopolistic enterprises made the public discontent, because they occupy public resources and long-term monopoly profits, and change a considerable part of community interests into departmental interests and enjoy high income and high welfare.In the transition period of our society, by virtue of monopoly status and privileges, the special economical interest groups seized a great amount of social wealth. They formed the monopoly position through national policies or laws, made the power market-oriented. Because the special economical interest groups undermined fairness and justice, influenced government policy and restricted the deepening of reform and exacerbated the disparity between the rich and the poor, we must adopt a series of measures to prevent special economic interest groups derivative, and pave the way for the realization of a harmonious society.The main body of article Part I have done the introduction of the special economical interest groups, make the concept and the reasons for the formation and social harm of the special economical interest groups after analysis the theory sources of the special economical interest groups.The main body of article Part II author angle from comparison method introduced the law from foreign countries which regulated the special economic interest groups, they regulated the special economical interest groups major in the abuse of dominant market position because the special economical interest groups often get the monopoly interests and undermine the social harmony by having a position to control or dominate in the market economy. So we make the conclusion that regulating the special economical interest groups must combinate industry act and anti-trust law.The main body of article PartIII have done the deletion of our law which regulate the special economical interest groups, analysis the insufficient of industry act ,anti-unfair competition law and anti-trust law. Particularly improve the administrative monopoly and establish a unified independent anti-monopoly law enforcement agencies.The main body of article PartIV aim at the insufficient of our law which regulate the special economical interest groups, author figure out that we must perfect legislation and strengthen the systematic management of the special economical interest groups.