Study On The Protocol Of The Monopoly Of The Sanctions Regime In China

Free competition are the inherent requirements and essential characteristics in market economy .Effective competition in the market through the promotion of the rational allocation of social resources, to promote the development of new technology, reduce production costs and improve production efficiency, and ultimately improve the welfare of consumers. However, when there is too much pressure of competition, the competitors will take illegal monopolistic behavior that contrary to the laws of the market's, seriously damaged the market participants and the general interests of consumers. Among the many acts of the monopoly of the most significant barriers to competition, against the economic consequences of the most serious is the conclusion of the Protocol of monopoly behavior, internationally known as the cartel.Monopoly agreements are in two or more competing operators through written , oral agreements or other means to reach a consensus to exclude competition ,in order to consistent patterns of behavior ,to obtain the equivalent of a monopoly market power, in order to gain the high profits.China's'Antitrust law'implemented in the August 1, 2008, This'economic constitution',in order to maintain the market competitiveness, protection of legitimate rights and interests of consumers and the public interest for the purpose ,and clear that the prohibition of the monopoly of its provisions, the protocol for the monopoly regulations provide a legal basis.Around the relevant provisions of the antitrust law, this article systematically expounded and evaluated the protocol of the monopoly of the sanctions regime. Full text is divided to four parts.Chapter 1 starts from the basic of the monopoly protocol, and then detailed the questions of concept, characteristics and so on. And demonstrate the theory of sanctions of monopoly protocol from free competition, economic efficiency, freedom of contract and public interest and so on. Chapter 2 is the analysis of the object of sanctions of the monopoly of the protocol, first, elements of the object of sanctions of the monopoly protocol, such as the main elements, the acts of elements, and the effect of the Elements. Second, illegal principles itself and the principle of reasonableness, in determining the application of sanctions object. Third, types of the sanctions of the monopoly protocol, is mainly for horizontal and vertical of monopoly protocol.Through the first two chapters sanction on the explanation of monopoly agreement basic theory, the third chapter elaborated the monopoly agreement mechanism operating procedure. First is to the monopoly agreement illegal activity investigation, is mainly in law enforcement process core element-proves the issues to carry on the elaboration to the agreement, when the monopoly agreement's positive evidence is hard to obtain, through the inspection overseas law estimation system, proposed that the use indirect evidence carries on the estimation the concrete operations criterion, method and so on; Next introduced in our country antimonopoly law permits to the monopoly agreement is an exception suitably as well as the exemption stipulation; After removing has been an exception suitably and exemption situation, third separately from the administrative sanction, the civil sanction and penal sanction three aspects and overseas sanctions system relativities, obtains our country sanction to be few and sanction degree light conclusion, and had affirmed the operator's permission system and leniency policy and other advanced legislations;The fourth chapter is suggestion which gives sanction on our country present monopoly agreement mechanism's insufficiency. The first section elaborated the present rules and regulations monopoly agreement laws and regulations overlapping confusion, the rules and regulations content was limited, as well as how to process the common law and special law relations and so on; The second section is about the personal legitimate rights and interests protection, proposed that personal carries out system's superiority as well as our country personal damage compensate request power protection mechanism is imperfect; The third section lacks the authority, independence and unified establishment in view of the monopoly agreement law enforcement agency, will foresee will present the law-enforcing departments in the law enforcement process the benefit and authority conflicts, authority to be restricted and other questions, through to the model of evaluation and overseas institutional setup present institutional setup, the factor as well as the establishment principle which the union establishment monopoly agreement law enforcement agency should consider, finally obtained the reasonable establishment the suggestion.