Abuse Of Dominant Market Position And Its Legal Regulation

Research goal: The development of human society economy proved that, the market itself has a paradox, that if we allow the market not under supervision, then it can result in excessive market competition, thus cause the economical strength to be over-concentrating and lead to the enter-rprise's market dominating status, then its possible abuse of its market dominating status forces the market to move towards its own reverse side — the lack of efficiency in the market's distribution of resources. , the main goal of this article is, , to prevent the enterprises' abuse the market dominating status intentionally, maintain the reasonable market mechanism and the fair competition, protect the competitor and consumer's legitimate rights and interests, promote and safeguard the healthy development of the market economy, by considering our country's actual situation, and learning from the western nation's mature experience, and regulating the domestic enterprises' abuses market dominating statusResearch technique: In research technique, because the issue discussed in this article and the issue of economic policy closely related, therefore this article has utilized the economic analysis method. In addition, considering that the foreign countries have quite complete and the advanced regulations in this aspect, and thus it will be of great value to our legislation, therefore on many occasions in this article comparative analysis research technique is used , including comparative analysis of domestic and foreign correlations laws and regulations, domestic and foreign economic and social situation , and so on. Moreover, historical and diagnosis analysis method are also employed in this article. Studing the history and our contemporary era,, looking forward the future, carrying on the historical analysis and the diagnosis analysis will the fundamental research method of the article. At the same time, the author thinks, the antimonopoly law has close economic relation with economics , thus in the article the economic research technique is also employed.Structure arrangement: This article abused the market dominating status system from the prohibition the origin to obtain, has discussed this system rationale, the legislation objective, and concentrated the words in the antimonopoly law to abuses the market dominating status the rules and regulations, through to the market dominating status limits, the prohibition abused market dominating status system the legislation style, the control mode as well as the typical behavior and so on the concrete question analysis, the law to abuses the market dominating status the sanction measure, finally strongly elaborated our country law to abuse the market dominating status rules and regulations the insufficiency and the consummation. This article legislates through the comparison variouscountries counter- monopoly expounded at present abuses the difference, the difference and the unification in the prohibition which in the market dominating status system exists, and counter- view our country legislates, legislates to our country makes the appraisal and the suggestion. This article is divided the foreword, the main text and the conclusion three major parts.Main content: The author makes concrete from below several parts to abuses the market dominating status to the antimonopoly law the rules and regulations to carry on the discussion.The first part in inspected the law to abuse to the market dominating status carries on the rules and regulations the origin and in the development foundation, began from the economic and the legal science two aspects, to forbade to abuse the market dominating status system the rationale to carry on the elaboration, and further clarified analyzed the prohibition to abuse the market dominating status system the legislation objective. The second part elaborated the market dominating status limits with emphasis, this is the entire prohibition abuses the system the premise. First, in Competition law the theory to the market dominating status recognized the standard mainl...