Countermeasures On Standardize And Restrict Of China's Economic Monopoly Behavior

In recent years, with the increasingly ferocious market competition, unfair competition and monopoly become a hot issue. After joining the WTO, China further accelerates the pace of opening to the outside world. The influx of a large number of domestic foreign-funded enterprises, many of which are world-renowned companies, whose size and intensity already in high level, using preferential policies for rapid growth, has gained advantages and dominance in domestic market. Some special industry also has formed a dominant position to implement restrictions or even monopoly on market, causing unfair competition, harming other market dealers and consumers.This paper attempts to analysis China' s economic monopoly and countermeasures in a systematic exposition, distinguish economic monopolies, administrative monopolies and industrial monopolies, therefore making corresponding judgment to state the necessity on its control. Then discuss the way of regulation based on the inward and abroad existing legislation and enforcement experience.The study concluded that China economic monopoly does exist, so that companies with this power implement their advantage, causing harm to other competitors and consumers. Especially many multinational corporations, abuse their dominant positions in the more and more obvious activities.This study also considers the economic monopoly behavior is prime task of China anti-monopoly regulation. China' s economic monopoly behavior may adopt the common practice in most western countries, that is, to prohibit the behavior of abuse of monopoly position, not the monopolies per se, meanwhile choosing mild antitrust model, which puts reasonable principle at first place, considering causes and consequences. At the same time, it should give full consideration to the economic globalization, entrance to the WTO and protection of intellectual property rights. And also it should clearly mark exemptions.In this paper the structure, generally is: starting from the examples, note the status quo, this study raises the theme; Then theoretical definition and description; A further discussion on the basis of relevant experience, the lesson to learn from and draw; Again, today' s China explicitly consider the reality of this unique problems background - "WTO"; after completion of the work, the last to discuss the response, the conclusion.Based on this line of thought, this paper is divided into the following fivesections:The first chapter presents Chinese Anti-monopoly economy, reflecting how theeconomic monopoly behavior in China initially formed; And then in the analysisof the harm to present the necessity and urgency to make study under the premiseof national interests.The second chapter is devoted to the economic monopoly behavior in the concept and main types of economic monopolies and administrative monopolies and monopoly of industry made a more detailed comparative analysis involving investigations on cases, reflecting China's current economic monopolies and its specific situations.Chapter three outlined anti-monopoly legislation, law enforcement situation, and issues of economic monopoly behavior in three countries.Chapter four is in depth study of the regulation of economic monopoly behavior and economic globalization, accession to the WTO and protection of intellectual property rights. It speaks that a free market is more valuable than the protection of intellectual property. In addition, the monopoly in certain areas are favorable, therefore clearly justify the exemptions.Chapter five, on the country's existing legal provisions and enforcement, on the basis of four previous chapters, it proposed the direction of China' s anti-monopoly regulation , that is only to prohibit of abuse action, not monopoly state itself, with mild proceeding model. Moreover, it will re-examine the traditional three monopoly behaviors, stress their regulatory system standards, and discuss whether they are conducive to economic and social development, whether they can co-ordinate better balance between kinds of interests, in particular the human rights and consumer care. At the same time, it will make analysis regulations and countermeasures.