A Study On The Exclusion Of Agriculture In The Application Of Anti-monopoly Law

The exclusion of agriculture in the application of anti-monopoly law is a legal system which excludes the application of anti-monopoly law form monopoly state and monopoly action in agriculture, public interest and efficiency are the value aim of this legal system, this value aim is same to anti-monopoly law. At the same time,the necessity of exclusion is for public interest and efficiency. This legal system is consists of legislation style, recognizing principle, exclusion range, determinating power, determinating procedure. The legislation style of PRC should adopt the system of stipulations and other department laws. Based on the agricultural development level, the rule of reason should be adopted. This legal system should fit legislation's systematic characteristic and the legal system's effective implementation, then, we define the subject, the object and the content considering the existing related agricultural legislation of our constury. This determinating power should entrust the department of ariculture, then, the competition authority is the supervisory department. Procedural justice should be guarranteed, then, the change procedure and the cancellation procedure should be consturucted. The exclusion of agriculture of 56^th in "Antimonopoly law of PRC" is a simple scheme which not include exhaustive stipulation institutional arrangements and any implementation mechanism. So, we need construct the legal system of the exclusion of agriculture in the application of anti-monopoly law through deep researching and the further legislation work.