Research On Automobiles Sales 4s Model Under The Vision Of Anti-monopoly Law

Automotive service industry which can be used to promote the automotive industry and related value-added industries plays a very important role in economic life. Automobiles sales 4S model is the core of China's automotive service industry where the automobiles sales 4S model is recognized by many people, and also produced a lot of controversies at the same time, especially after the promulgation and implementation of China's "anti-monopoly law," the discussions become more intense.The promulgation of the "anti-monopoly law" in 2008 is a milestone in the development of China's legislation, and it will play a huge role in regulating the market competition order and safeguard the interests of consumers.As can be seen by analyzing the "Automobile Brand Sales management approach" and use it as the legal basis for automobiles sales 4S model, there are restrictions on competition, while a number of business rules of the 4S'model of automobiles sales and the relevant provisions of the "anti-monopoly law" are in conflict. However, as the majority provisions of China's "anti-monopoly law" is principle provisions, the lack of detailed criteria, relatively lagging behind of the implementation of anti-monopoly law and some of the related industrial policies are responsible for resulting a legal regulation powerless dilemma. From a theoretical and practical level, this paper will provide a comprehensive analysis of China's current 4S model of automobiles sales and operating rules of anti-monopoly law. With the reference of the legislation of foreign countries as its basis, and under the context of anti-monopoly law, preliminary discussions on related problems of the 4S model automobiles sales are to be displayed in this paper, in hoping of giving some inspiration to the relevant legal systems and industrial policies on re-construct, the whole paper is divided into four sections;This first part, which mainly describes the development status of China's auto sales 4S model, gives out the reason of the rapid development of China's auto sales 4S model through the presentation of the concept of automobiles sales 4S model, and the development process of model of automobiles sales.Positive meaning of automobiles sales 4S model, such as promoting economic development and improving reliability and value of the vehicle brand, etc. When extended to the development status of China's automobiles sales 4S model, the contradictions of high investment and low returns, the issues of unequal right to speak and unequal status between manufacturers and distributors need to be settled in time. The most important is, after "anti-monopoly law" was promulgated, the 4S model of automobiles sales caused some controversy. Many scholars believe that the operating rules of the 4S model of automobiles sales violate the relevant provisions of "anti-monopoly law".It is what is highlighted in the text.This second part of the core part of the article, the promulgation of the "anti-monopoly law" in 2008,known as "Economic Constitution" is said to play a significant role in combing the market order and safeguard consumer rights and interests, is even more important placing in the background of China's economic transformation, and the public has placed its high expectations on it too.This paper set out the basis for the value of anti-monopoly analysis which is the value of China's anti-monopoly legislation. When the anti-monopoly law is enacted, it draw upon the legislative experience of foreign countries and China's unique national conditions in order of the protection and promotion of fair market competition, it sees the pursuit of economic efficiency and the interests of customers as the value of legislation. Through the analysis of the "Automobile Brand Sales Management implementation method," when determined it is the abstract administrative monopoly, it should be removed or modified。At the same time, after analyzing some business activities of 4S model automobiles sales in the perspective of vertical monopoly agreements, it can identify what is illegal and what is reasonable. Finally it is some conclusions drawn by the above analysis,though in reality, the acts in violation of relevant legal provisions still exist, and the legal regulation are facing with the dilemma of powerlessness.In the third part, automobiles sales modes during the development and the relevant laws and regulatory measures taken and means various from nation to nation.I believe that only a correct understanding of this point, we will not blindly copy relevant legal articles of other countries, understand the law correctly, and aware the relationship between international law and local nature. So in this part of the paper, I first describe and analyze European Union's abolition of the automobiles sales 4S model as early as around 2000,replace it with a more professional business idea, while giving the automobiles manufacturers and dealers equal position. The EU legal provisions are also more detailed in vertical monopoly agreements, with specific law targeted areas of auto sales.Followed by description and analysis of the relevant circumstances the United States, it is introduced that the United States is experienced in anti-trust legislation and law practice, it has in-depth study on the field of monopoly agreements, and there are many legal provisions and case on automobiles sales worth studying. Then the paper talks about the characteristics of US auto sales modes.In the United States, vehicle sales 4S model is still in a dominant position, but has a professional sales and after-sales service, more detailed division of labor and higher standard of market access.This fourth part is also part of the core of this article. Based on the previous discussion, and with an in-depth thinking under the context of anti-monopoly law in China, this paper, for the reconstruction of China's auto sales model programs, aimed at making the perfection of automobiles sales 4S model to promote economic development. I wish for this reason, the law can be refined and technical aspects of industrial policies can be fruitful.On the one hand, I hope the "auto brand sales management implementation method," to be able to be modified and improved timely, and to abolish restrictions on competition in the relevant regulations.At the same time, because of our anti-monopoly law is highly principal and professionalized, it is essential to implement more detailed relevant anti-monopoly law as soon as possible while innovational bring out the anti-monopoly case guidance system.I hope it provide a little recommendations to the legal section of auto sales model reconstruction. On the other hand, with China's auto industry development, follow the development pattern of auto sales model, this paper mainly shows auto sales 4S model is not fully negative from the perspective of industrial policy and technical advice, and hope a more extensive auto standardized production to be accomplished. Start from these two joint aspects,I want to make substantial breakthroughs in the reconstruction in the legal aspect of automobiles sales.