Enterprise Regulation In The Sight Of Market Regulation Law

As one of the most important market subjects in the economic activity, the enterprise has not only equal subject identity in Civil Law, but also has the identity of subject to regulation in Economic Law. In order to obtain the true identity of the market subject, enterprises not only need to rely on the equality and organization system provided by the Civil and Commercial Law and the Corporate Law, but also need the Economic Law to ensure the fair and free market competition order through the state power. Only with the order of fair competition, enterprises and other market subjects can enjoy real equality and freedom. Enterprises and other market subjects enter the market in order to make profits through production and operation. The desire of maximizing profits will inevitably promoted some unscrupulous companies to take unfair means of competition to capture the interests of other legitimate competitors, disrupting the market order under normal operation. Although the market has a mechanism of self-regulation and allocation of resources, but this self-mechanism has certain limitations. When the mechanism of competition works, it would also bring the accompanying inherent obstacles, such as monopoly, externalities and information asymmetry problems. In order to overcome the market obstacles, we need Market Regulation Law to regulate the specific economic behavior of the enterprises and order market competitors to resolve the problems that market can’t spontaneously adjust. Therefore, the study of the regulation of the enterprise and their behavior in the sight of the Market Regulation Law, is essential to the healthy growth of the enterprises and the long-term development of the market economy.According to the theoretical study of the current economic laws in China, the regulation of enterprises of the Market Regulation Law is mainly reflected in such aspects, including the market access and exit regulation, product quality regulation, anti-monopoly and unfair competition regulation as well as consumer rights protection regulation. But when it comes to the legislation of current market regulation, the legal system is still not complete, and the legislation of market regulation to enterprises has not formed a systematic regulatory system. There are a lot of problems related to the market regulation of enterprises. From the point of view of the overall legislation, although the preliminarily established market regulation legal system contains the Antitrust laws, the Anti-Unfair Competition Law, the Product Quality Law and Consumer Protection law, the absence of the unified Basic Law of the Market Regulation leads to many problems. We don’t have basic theoretical principles to guide the specific system in the process of legislation and implementation, and there’re repeated or conflictive regulations existed between many systems due to different institutions which can not be coordinated. From the view of the legislation and regulation situation of specific systems, there are some problems in the various fields, such as the unified classification standards of the forms of enterprises, lack of a standardized market access and exit system mechanism of admission and withdrawal from the market, incomprehensive market business regulation to products and services, lack of guidance of basic theory and principles of the competition law, and the protection of the interests of consumers lack of a strict liability regime lack of a strict liability regime to protect comsumers’interests. To solve these problems we need to analyze the root causes of these problems. The main reasons include:enterprise system reform is not complete that corporate legal form lack of a unified standard; market subject system lack of effective supervision; market business regulation is not complete, only relying on product quality law can not meet consumers’ requirements; the exogenous economic development mode caused lack of basic theory of competition law in China; procedural law and responsibility system are not in place that the interests of consumers can not truly realize.Classified in accordance with the road of modernization and development of market economy. China is belong to exogenous developed countries. Our market economy system and legislation is not naturally formed in the long process of development, lack of deep theoretical evolution and long-term practical experience. In the process of improving our market regulation, it is necessary to learn from the competition legal system of the developed market economic countries, such as market access system, the principle of legality in the Held of competition law, and sound punitive damages system in the United States; legislative system of general terms plus typical examples in Anti-Unfair Competition Law of German; as well as successfully transplant experience of Japan and its monopoly except system founded by combing with their own situation. These references are important for the construction and improvement of our enterprise regulation system.Establishing a sound legal system of enterprise in the sight of Market Regulation Law is of great significance to the healthy development of China’s enterprises and the orderly functioning of the market economy. In response to these problems of our enterprise market regulation, We should standardize the criteria for the classification of the legal form of existing enterprises, and build a unified system of enterprise legal form, to provide investors with normative and diverse choices. Then formulate market access and exit criteria meet the various enterprise legal form required, and create a dynamic regulatory mechanism from entering the market to exiting from the market for enterprises and other market subjects. At the same time, we should regulate the access and exit system of products and services, improve basic principles and theories of competition law through learning the legislative experiences from foreign market economic countries, and strengthening links and cooperation between the liability system and other specific systems, to ensure the safety of flow product and the legitimacy of competitive behavior in the market, thus forming a good market order.