China Monopoly Law System

Along with economic globalization, trade and investment liberalization, the domestic market has exceeded the space to expand worldwide. Transnational monopoly acts of domestic economic development have become increasingly prominent. In international anti-monopoly law vacancy situation, Many countries resort to the extraterritorial application of national anti-monopoly law. Domestic laws adjust monopolies and restrictions which affect their international competitiveness. As China's economic strength has increased and become a member of the World Trade Organization, China will be more widespread and more frequent participation in the international economy and trade. Monopolistic behavior on the international market has become increasingly obvious in the market. To safeguard China's sovereignty and economic interests and improve our ability to cooperate in the extraterritorial application of the anti-monopoly law, Establishing the extraterritorial application of the anti-monopoly law is not only necessary but also feasible.China's anti-monopoly law provides neither the extraterritorial application of theoretical obstacles, as well as practice, however, we have to solve the problem of anti-monopoly law is that the extraterritorial application of the system should follow the principles at first. China's anti-monopoly law, I believe that the extraterritorial application of the system should follow the effect of Marxist theory, through the United States, EU anti-trust analysis from the extraterritorial application of the principle. But results in the application of the principle of the process, we must exercise the necessary restrictions and make it specific. To bring it into conformity with the relevant provisions of international jurisdiction, We should take full advantage of effects to the natural connection. Legislative optimize the design so that more effective use of the principle of reasonableness. Results for the application of the principle of extraterritorial jurisdiction, we often encounter resistance. Therefore, in order to try to ease the extraterritorial application of the contradictions and conflicts, China should follow in effect theory on the premise that guided by the principles of jurisdiction and reasonable. China is also necessary to pay attention to the implementation of the "principle of balance of interests" and "the principle of comity". Also, because there are restrictions on foreign competition in a variety of forms, in order to enhance efficiency and make it more extra-territorial jurisdiction in accordance with international law. China should give priority to the extraterritorial jurisdiction of a "single economic principles" and "the principle of performance".In the design, combining features of the extraterritorial application of the anti-monopoly law and the experience of other countries, I believe that China's legislature should adopt the broad legislative and executive authorities in connection with the implementation details.China's anti-monopoly law in the extraterritorial application of the process, there are bound to the jurisdiction, evidence collection, the recognition and enforcement of judgments in the areas of conflict, and therefore we should strengthen bilateral, regional and multilateral cooperation to coordinate anti-trust extraterritorial application of the contradictions and conflicts. In the current anti-monopoly cooperation in a variety of positions outside, our country can accept the core principles of WTO rules of the competition.