Legal Rules And Regulations Reflected In The Monopoly

To prevent and stop monopoly, protecting fair market competition, improveeconomic efficiency, safeguard the interests of consumers and the public interest,and promoting the development of their economic health antitrust laws of a modernmarket economy is one of the basic law, with the attributes of the economic law,anti-monopoly law in China in2008on August1,the implementation of themonopoly agreements, abuse of dominant market position, concentration, abuseadministrative power ruled out four monopoly limit competition behavior inregulation. But the anti-monopoly law in China for the regulation of monopoly thereare various problems. So concludes the type of monopoly and features, the evolutionprocess of analysis, this paper discusses the monopoly for law enforcement agencies,and take responsibility for the way, is of great significance.In this paper the formation of monopoly and derivation the dynamic analysis, andforeign antitrust mechanism, the research, in combination with the present situation ofthe monopoly, monopoly for regulating put forward some improvement ideas.This paper is divided into five chapters, the first chapter presents the monopolyof the meaning and the type, and in combination with emphasis on the monopolyagreements, antitrust law abuse of dominant market position, concentration,administrative monopoly four types of monopoly are expounded.The second chapter to the monopoly form the dynamic process, the interactionbetween the derivation monopoly, monopoly four were compared and analyed.Chapter3reference foreign antitrust sanctions system, to the United States,Japan, Germany, the ec anti-monopoly system research, understand the countries ofthe anti-monopoly law regulation, the setting of the law enforcement agencies, suchas the right responsibilities, and puts forward to our country the antitrustenlightenment.The fourth chapter content is our country at present regulation monopoly’sproblems. First to why do I need to monopoly resources, namely the economy developing monopoly regulation analyzed the necessity of, this is a premise, it isalso a starting point. Secondly, put forward the antimonopoly law in China in theregulation of the problems existing in the monopoly point, mainly is the first, aboutmonopoly clearly defined; Second, the anti-monopoly enforcement authority set isnot reasonable, Third, the responsibility is not perfect way; Fourth, theadministrative power restrict competition.Chapter5of the content is about to monopolistic conduct regulation thinking,including: one is the definition of monopoly, through the understanding of theanti-monopoly law means such as legislative purpose, grasp the anti-monopoly lawappears in the core vocabulary as abuse, restrict competition, the connotation of theillegal public interests, and then define the behavior of market economy is amonopoly behavior;2it is setting up reasonable antitrust law enforcement agencies,to change the present by the ministry of commerce and state administration ofindustry and commerce, the national development and reform commission threedepartments of the situation of tripartite confrontation law enforcement, put forwardto set up a special antitrust law enforcement agencies; Three is perfect for monopolybearing the responsibility of the way, at present, China’s monopoly bear the liabilityis the main means of administrative sanctions to give priority to, by analyzing theadministrative sanctions except the monopoly should also be added to a civilsanctions, supplemented by the way and increase criminal sanctions. Finally, incombination with the special market economic form, and puts forward the regulationof administrative monopoly is our country at present antitrust, the most importanttask. Can consider through the control intervention, with administrative law, theapplication of government illegal intervention narrow space way, guarantee that thegovernment departments to effective in performing their duties, safeguard faircompetition in the market, and promoting the development of social economy.