Restrictive Business Practices In International Trade And Its Legal Regulation,

Today is the era of the knowledge economy. With the growing trend of the economic globalization, the international technology trade demonstrates more and more significance, while the restrictive business practices resulted from it have seriously cumbered the development of international technology trade. Since the 90s in the last century, U.S.A, European Union, Japan etc, those major developed countries, on the basis of characteristics of international technology trade, regulated restrictive business practices in international technology trade mainly by making various kinds of statutes under the frame of the antimonopoly law. The present legislation of the restrictive business practices in our country is far from satisfaction to the need of rapidly developing international technology trade, so it is of practical importance to study how to regulate restrictive business practices reasonably and effectively in international technology trade. This article attempts to carry on some helpful analysis to complete our legislation of the restrictive business practices.This article is divided into five parts, and the main points are as follows:The first part analyses the based theories of restrictive business practices in international technology trade. This part firstly defines the concept of restrictive business practices in international technology trade, secondly analyses their elements and types.The second part centers on the theoretical analysis of legislation of restrictive business practices in international technology trade, which establishes the theoretical basis in two approaches. This part firstly makes an economic analysis to indicate that legislation of the restrictive business practices represents the balance between the public interest and individual interest, secondly makes an analysis of legal values contained in the legislation of the restrictive business practices, which is aimed at achieving fairness and justice in the course of distributing moral resource.The third part compares the legislations of restrictive business practices in international technology trade in developed countries and developing countries, especially in the respect of legislation mode and judging principle of restrictive business practices in international technology trade, and analyzing their pros and cons.The fourth part mainly studies relevant international uniform legislations. This part firstly emphasizes on introducing "The set of Multilaterally Agreed Equitable Rules for the Control of Restrictive Business Practices", which the United Nations has already passed, and "an International Code of Conduct on Transfer of Technology (draft)", which hasn't passed formally yet. Then this part reviews the relevant rules of TRIPS, finds out their defects and explores the implied requests on the domestic legislation of the member countries.The fifth part introduces our current situation of the legislation of restrictive business practices in international technology trade, and proposes some suggestions in the respect of legislation mode and judging principle of restrictive business practices based on developed countries' relevant legislations.