A Discussion On The Legal Regulation Of Financial Holding Company's Abuse Of Market Advantageous Status

Financial holding company, which was born in the end of 19 century and the beginning of 20 century, is the necessary product of society mass production and economic development Until now, its development level has become the symbol of a country's economic power and the basis of its international status.As the establishment and improvement of our nation's socialist market economy, the role that financial holding company plays in economic life has become more obvious. The fact of strong connection among financial production and the weak connection among financial resources makes financial industry easy to be monopolized, especially the abuse of market advantageous status. The healthy development of modern market economy is based on market independent adjustment and proper State intervention to market. It is essential for our government to regulate and control the market advantageous status abuse made by financial holding companies.This article is organized in the sequence of "Bring up question-analyze question-solve question". And according to financial holding company current development condition, basing on current legislative condition and problems of regulating financial holing company's market competition as well as the analysis and research on foreign related regulation, this article brings up the idea of how to use legal regulation on financial holding company's abuse of advantageous status.The main body is divided into 5 parts, exclusive of foreword and conclusion.The first part is the basic theory of legal regulation on financial holding company's abuse in market advantageous status. Firstly, by defining the financial holding company, specifically introduce its various types and the block it is facing of its development in China. Secondly, sum up the current condition and effect of China financial holding company's abuse of market advantageous status. Thirdly, state the significance of conducting legal regulation on financial holding company's abuse of market advantageous status. And discussing the theoretical basis of legal regulation from the angle of laws (theory of "Incompleteness of laws", value of freedom, value of fairness, value of justice) and the angle of economics. In this part, it is further identified of the necessity of the legal regulation on financial holding company and provides the theoretical support for the whole article.In the second part, centering on the fact of financial company's abuse of market advantageous status, analyze and research how to identify the abuse. Firstly, state the fact of financial holding company abusing advantageous status like unfair transaction with other parties in the market to expel competitors ,or restrict competition in other ways which mainly include predatory pricing, exclusive transaction, binding-sale, trade discrimination etc. Secondly, specifically describe the main features of financial holding company's abuse of advantageous status followed by the statement and argumentation of the identification criteria, representation form and specific expression etc.In the third part, based on China's financial holding company development condition and the environment for fostering& implementing anti-monopoly law, the research , conclusion and evaluation is brought upon legislative condition for making legal regulation on its abuse of advantageous status as well as some existing problems of weak control or disorder. After investigation on same cases in other countries and in Taiwan, a contrast research is made on the advantages& disadvantages of various developed countries, from which some good points are dig out for the reference of our own.In the fourth part, a thinking of how to improve the legal regulation on China financial holding company' abuse of advantageous status is made. After introduction, contrast and reference in previous part, the proposal is presented in two parts: ground principles and specific content with the intention to regulate abuse from the angle of economical law to have financial holding company make better contribution to economical efficiency improvement, innovation encouragement and consumers welfare promotion, which will make market-oriented economy harmonious and complete and finally realize the aim of intergrading into global market and establishing harmonious society.