Study On The Applications Of Anti-monopoly Law In China’s Petroleum Industry

In this paper, This article first to the petroleum industry monopoly legal problems were summarized, and background analysis from the present situation of China’s oil industry market structure status quo of China’s oil industry and oil industry monopoly phenomenon perspective, then analyzed the manifestation of China’s oil industry monopoly, including the price monopoly control, reject trading behavior, the high monopoly profits. Then analyzed the formation background of the petroleum industry monopoly, including officer YuMinZhengLi tradition, lay particular stress on the development of economy of scale and the influence of administrative rules.Then discussed the oil industry competition theory, the first is the theory of immunity-among the anti-monopoly exemption oil industry monopoly, considering the effect of the natural monopoly theory support, the need of public interest protection and capital intensive requirements. The second is the value of the oil industry competition, is a fair value, another is the optimal allocation of resources. Then analyzed the petroleum industry monopoly and competition of the balance of value conflict, in this paper, China’s oil industry monopoly is the need of the development of oil industry, on the appropriate link to introduce competition mechanism to balance the value of different impact.This article through the analysis of the legislative status quo of oil industry law regulation, discussed the oil industry in our country legislation status quo and existing problems, the anti-monopoly law regulation of the oil industry, the provisions of article7of the anti-monopoly law and analyze, the anti-monopoly law promulgated the regulation effects of oil industry monopoly.Finally puts forward the proposal of anti-monopoly law regulation of the oil industry, one is to differentiate between natural monopoly and natural monopoly areas:upper part, middle part, the downstream link. Second, must carry on the reform of the administrative monopoly in China oil industry, including the reform of the system reform and China’s oil industry administrative monopoly behavior. Three is China’s oil industry regulation organization and regulation policy reforms. Four is to strengthen the legal regulating of the petroleum corporate social responsibility.