The Regulations Of The Antimonopoly Law On The Company’s Cross Holding

Cross holding of companies is a kind of common phenomenon in current Socialist Market Economy Structure.It is a natural inclination of the companies to expand the scale of production,enhance the economic strength,increase their market share and position.Most of the cross holding is beneficial to the development of national economy by collaboration.But moderation is the key to the sustainable development.The fair competitive market order and the public interests will be disrupted and harmed if we do not take measures of the cross-share-holding.Nowadays measures have been taken by many countries in Antimonopoly Law to support and prompt fair, open and legal market competition.It is not impose restrictions on the free market,but rather maintain the market transaction order.The measures have not been provided for in our Antimonopoly Law.So more attention should be attached to these issues. We should regulate the cross holding,offer a development platform for it and implement our law effectively.The cross holding of companies can maintain vitality and have the legally and healthy development only by taken constraints based on policies and laws.This text is described from the angle of Antimonopoly Law,analyze the mode of rules and regulations, expound the regulations.The full text is totally divided into five fractions.The first part defines the concept of cross holding,analyse the actuality and the problem of cross holding system,explain the crucial need and feasibility of the actual situation. We should conform to the situation in our country and amendment our existing law.The second part is to identify the cross holding,it is about determine,principles and the problems that should be devoted attention on.We should adjust the worth of Anti-monopolization Law,adopt the appropriate rules and defferent regulations,draw a dear dividing line between cross holding and other actions of monopoly,lay equal stress on both Structuralism or Behaviorism.The third part is a program analyzing for supervision the cross holding by Antimonopoly Law.lt is about the system of the declaration,investigation and supervision of cross holding. The companies have obligation to declare. The enforcement agency of Anti monopolizes Law must perfect reviewing standards,attach importance to both inner and outside methods to ensure implement the regulations effectively.The fourth part is an analying for the legal liability.The basic parts are the duty, the principle of responsibilities,the properties of duties and the application of law. We should according to the related stipulations of current law,which involved mainly in civil liability,administrative responsibility and criminal responsibility,take measures to the cross holding.The last part is about the except system of the Anti-monopoly Law.It is ipmprtant to expound and prove the principle of the except system on the base of social reality and present conditions of legislation. We must coordinate the conflicts of efficiency,equity and justice,make a concrete analysis of concrete problems.If so,the fair and competitive market can take good protection and the public interests have balanced development.