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Research On The Antimonopoly Law Of Outside Territory

Posted on:2009-01-15Degree:MasterType:Thesis
Country:ChinaCandidate:J Q DaiFull Text:PDF
GTID:2166360245464169Subject:International law
Abstract/Summary:PDF Full Text Request
The antimonopoly law achievement maintains the market competition order the powerful weapon, its importance already obtained the recognition in the developed marketing country, if is called in the US"the Free enterprise big charter". Reduces day by day along with the intergovernmental trade protectionism, Major industry's monopoly behavior surmounts the national boundary day by day, its influence also day by day has the international characteristic. But because lacks the international unification method across-the-board adjustment and solves the monopoly dispute international structure fairly, causes to monopolize the behavior international to regulate into the empty talk, simultaneously, also causes to affect the law territory antimonopoly law outside the territory to be suitable into is possible and is essential. At present, outside the antimonopoly law territory is suitable freely faced with many conflicts and the difficulty, but had the most developed countries or the local antimonopoly law establishes outside the territory to be suitable the system. Our country antimonopoly law fundamental research as early as when the reform and open policy already started, and had already achieved certain achievement, until now formulated.This article is suitable the contradiction which in view of the antimonopoly law territory outside produces is also the conflict, has carried on the reason analysis, adopted the related system to various countries to carry on the corresponding introduction and the evaluation, the actual content was as follows. The first chapter elaborated the antimonopoly law as well as the antimonopoly law suitable some basic questions with emphasis. First has limited the antimonopoly law as well as the suitable concept; Next emphasized the antimonopoly law suitable characteristic and the status.The second chapter elaborated internationally to the antimonopoly law territory outside the suitable stipulation, mainly elaborated some developed country stipulation, like the US, the European Economic Community as well as Germany, through are suitable the stipulation to these national antimonopoly law territory outside each principle elaboration, may let us to the antimonopoly law territory outside the suitable historical origin, now as well as future development will have the very good understanding, was understanding profoundly each principle will appear the situation and the existence necessity, we can analyze the contradictory root which outside various countries' territory will be suitable produces, will see the question the essence, but not only will come up from the contradictory phenomenon the understanding question. the third chapter mainly elaborated the present antimonopoly law suitable international friction coordinated mechanism. First elaborated outside various countries' counter-monopoly territory the suitable contradiction and the reason, next elaborated the unilateral coordinated mechanism - - the jurisdiction and the effect principle carries on the revision to the territory outside, makes the self-restraint; The various countries' bilateral coordinated mechanism - - carries out the aspect cooperation take the bilateral treaty as the main form development antimonopoly law;Finally, elaborated establishment multilateral coordinated mechanism diligently the fourth chapter is the full text result. The first three chapter of institutes elaborate the content, must use for in the final analysis for our country antimonopoly law development to serve. This is also the significance which this article writes is.In the fourth chapter, author first introduced our country antimonopoly law legislative survey as well as the related stipulation; Next, accepts the effect principle to our country to carry on the appraisal, and has carried on the conception to the corresponding coordinate mechanism.
Keywords/Search Tags:The antimonopoly law, extraterritorial enforcement, conflicts and coordination
PDF Full Text Request
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