Study On Resolution Mechanism Of The Monopoly Disputes

During the transformation from planned economy to market economy, our country suffers from not only economic monopoly in the development of market economy but also administrative monopoly which is formed in the special conditions of China due to the residual of planned economy. These monopolies damage the benefits of the market players and public interest. Also, they prevent the h ealthy economic development. In this condition, the law regulating the monopoly should be issued. Therefore, after ten years of brewing, in the community's appeal was finally introduced anti-monopoly law."Anti-monopoly Law"arranges our country's anti-monopoly work, clears the regulation of monopoly range and sets up a special anti-monopoly committee which is responsible for the coordination and guidance to the work of anti-monopoly. These provisions provide a legal basis for carrying out the anti-monopoly work. But we have to recognize the principle of anti-trust provisions are too principle to work in handling the process of monopoly disputes. In addition, the judicial process to resolve the monopoly disputes plays a weak role. I n this case, it's v ery difficult to carry out the work of anti-monopoly.In order to resolve the monopoly disputes better, this article studies on improving the resolution mechanism of the monopoly disputes by analyzing their different forms, as well as summarizing the best solutions for different monopoly disputes.Addition to the introduction and conclusion, this paper is divided into four parts:The first part:Interpretation of the general principles of resolution mechanism of the monopoly disputes.This part describes the causes of monopoly disputes and their manifestations and interpreter resolution mechanism of the monopoly disputes and its value.The second part:Investigation to the status of resolution mechanism of the monopoly disputes in our country.The part studys on administrative procedures and proceedings in solving the monopoly disputes,in order to find the problems and to analyse its causes.The third part:Comparison and Reference of Developed countries' resolution mechanism of the monopoly disputes.The part compares the administrative procedures and proceedings in solving the monopoly disputes among USA, Germany and Japan.So we can find some advanced experience to improve our resolution mechanism of the monopoly disputes.The forth part:Improvements of resolution mechanism of the monopoly disputes in our country.On the one hand, this part improve the administrative procedures and proceedings,on the other hand,there is a suggestion which is using arbitration to resolve monopoly disputes. And on this basis, according to the different characteristics of monopoly disputes,coordinate the resolution mechanism of the monopoly disputes to have a better results.