On The Perfection Of Exemption System Of Anti - Monopoly Law In China

For a long time, monopoly and anti-monopoly have been a hot topic in academicworld. Scholars hold different opinions on the influence of monopoly behaviors onnational economy. Monopoly and competition bring by big shock on nationaleconomy while generate social fortune. Excessive competition leads to low efficiency,but monopoly results in inappropriate allocation and waste of market resources.Therefore, it is necessary for market to establish relevant principles and rules in orderto reduce the shocks of these two parties on market. China has publishedanti-monopoly law to deal with the negative impacts of monopoly. To handle positivefunction of monopoly, it is also necessary to identify certain conditions and specificbehaviors by exemption system of anti-monopoly law so as to realize optimalallocation of market resources.Exemption system of anti-monopoly law refers to that behaviors, industries ordomains that comply with rules of anti-monopoly law in form and belong tomonopoly behaviors, are allowed to be existed since the behaviors, industries ordomains are in harmony with exemption law. This system is a common legal systemwhich is referred in exemption mechanism of exemption law in each country; it is aconsequence of interest balance, that is, to compare the essences and influences ofbehaviors that restrict competition from actual economic efficiency, to exclude thesebehaviors from behaviors that are applied to anti-monopoly law when their benefitsare greater than harms. It is an important part in ant-monopoly law, and it hassignificant and immeasurable influences on the process of achieving goals ofanti-monopoly law.This paper mainly makes use of comparative study while this study is conductedalong the line from legal theories to execution, from abroad experience to domesticsituations. Objective of this research is to develop an anti-monopoly exemption lawsystem that is beneficial to economic development of China to create a better institutional environment for economic development of China through studying on theimprovement of anti-monopoly law system in China based on previous law.This paper includes3parts–introduction, main content and conclusion, amongwhich introduction introduces background, research meaning of this paper, maincontent proceeds in concept, features and fundamental theories to comprehensivelydemonstrate current situations and major problems of China’s anti-monopolyexemption law system, and then to analyze the anti-monopoly exemption system inUS and Japan in detail; to propose legislation thinking and advice for improvinganti-monopoly law exemption system of China based on comparative study. As forconclusion, it summarizes major findings and achievements of this research.In main body of this paper, this research is conducted from3aspects--theoretical study, comparative study and system improvement.The first part mainly demonstrates anti-monopoly law exemption system itself;it is the pre-condition of this research. Significance of anti-monopoly law exemptionsystem in anti-monopoly law is firstly illustrated in term of basic concept, featuresand economics theory of anti-monopoly law exemption system. Thoughanti-monopoly law exemption system has valuable implications and extensions thatdiffer from anti-monopoly law, it is also an important and rational system ofanti-monopoly law.The2ndpart combines current national situation of China to discuss currentsituation and problems of anti-monopoly law exemption system in detail, and thencomparatively introduced successful experience of anti-monopoly law exemptionsystem of US and Japan. In this part, problems of exemption system of naturalmonopoly, exemption system of monopoly agreement, exemption system of operatorconcentration, exemption system in agriculture, exemption system of intellectualproperty in economic operation. In addition, the author hopes to provide reference forimproving anti-monopoly law exemption system in China by comparing successfulexperience in this area.The3rdpart proposes thinking and advices for the development of anti-monopolylaw exemption system in China based on comparative study. After analyzing actual factors in the process of implementing and executing anti-monopoly law exemptionsystem in China, this paper puts forward complete advices for exemption system ofnatural monopoly, exemption system of monopoly agreement, etc. based on currentnational situation of China, development trend of global legislation and quotingsuccessful experience of other countries.