Legal Analysis Of The Standard Of Anti-monopoly Law About Specific Industry

The academic understanding of the seventh of the "anti-monopoly" aw has beendifferent, reflecting the uncertainty of the standard concept of recognition,confirmation, implementation and to protect the interests in specific industry. Theauthor adopts various methods in this thesis, such as literature research, theoreticalresearch, empirical research, elaborates the legal standards and foreign regulations inspecific industry monopoly management, especially in light of China’s actualconditions, discusses about the standard of law thoughts of article seventh"anti-monopoly law" of China. The first half part of the article—“the State shallprotect these lawful business operations conducted by the business operators therein,”is to protect the interests of the state as the logical starting point and the legislativeorientation in essence, embody the law concept of "national standard"; and the latterpart of the article—“and shall supervise and control these business operations and theprices of these commodities and services provided by these business operators, so asto protect the consumer interests and facilitate technological advancements.” but alsoembodies the maintenance social public interests as the core law concept of "socialstandard”. The double standard of “anti-monopoly law” of China in specific industryhas been a foregone conclusion. At the same time, the author points out that we can’tget "national standard" or "social standard" as the only standard, legislation on thebasis of "national standard" as the dominant view should continue to actively absorb"social standard", in order to achieve a result of harmonization and unification of thetwo standards. This is the value standard in the process of formulation andenforcement of the detailed rules for the anti-monopoly law. Under this premise, theauthor puts forward proposals on article seventh.