Study On The Legal Regulation Of The Improper Price Increase Behavior Of Enterprise

Over30years high-speed development, China’s market economy reform andopening up have been through planned economy to dual track system economic, thento market economy. Because of the extensive economic growth pattern, our countrymarket economy mechanism has not perfect and the level of enterprisers’self-discipline has not reached the request that the sharply increase economy needs.The improper price increase behavior of the paper is one of the illegal price behaviorsof market economy entities, and because of frequently occurred in common economicassociation it gets more attention. However, with the supervision of several laws andregulations and departments, the improper price increase behavior has some problemsincluding interagency discordant, information sharing system imperfect,communication system nonstandard and execution inefficient that causedsupervision unaccomplished. In addition, the weakness of the third-party ofsupervision in our country is another key reason for this behavior of enterprise to besupervised inefficiently. The thesis takes it as a guideline to probe the relativeregulations and another measure to complete the study of the improper price increasebehavior of enterprise in our country by using comparative analysis, policy research,interdisciplinary theoretical analysis, documentary analysis and case analysismethods.Besides the introduction and conclusion of this thesis, it can be divided into fourparts.PartⅠstates the improper price increase behavior of enterprise. Firstly, accordingto the process of enterprise acquiring the independent pricing right and the currentsituation of enterprise realizing this right, this part defines the concept of theenterprise and the independent pricing right. Then using the knowledge of economicsand the provisions of pricing law, the thesis defines the concept of the improper priceincrease behavior of enterprise in detail and classifies it basing on the distinctionbetween substance and form. At last, it tries to revert to consumer standard theory topay more attention to the level of participation of consumers, the impetus and the normal buying behavior during the improper price increase behavior of enterprise theby studying the mentality of consumers.Part Ⅱ evaluates and analyses the improper price increase behavior of overseasenterprise. This part is to learn from experiences of overseas enterprises to solve theimproper price increase behavior’s distinctive ways. Adoption of the punishmentactivities of Price Union of EU, the tripartite division of UK market supervisionsystem and setting up the specific supervising department to administer the order ofmarket, so we can draw lessons from them to improve the efficiency of the regulationto the act of the improper price increase behavior of enterprise in our country.Part Ⅲ points out the legal limitation situation and deficiencies of the improperprice increase behavior of enterprise in our country. Firstly, this part integrate currentlaw’s document on pricing law in our country, then in terms of the connection of thisbehavior illuminates one by one, including “Anti-monopoly Law of the People’sRepublic of China”,“Pricing Law of the People’s Republic of China” and “Law of thePeople’s Republic of China on Tenders and Bids”, etc. By analyzing the provisions ofdifferent regulations’ rules and the settings of different supervision departments, thispart will generalize the lapping of rules of law, the scattering of supervisionorganizations, the non-standard of government actions, the lagging of creditmechanism of enterprise, the blocking information of supervision of the improperprice increase behavior of enterprise, the inefficiency of relative organization’sexecution and the missing of the third-party’s supervision and so forth.Part Ⅳ improves the legal regulation of the improper price increase behavior ofenterprise in our country. This section is based on the deficiency elaborated in thesecond part and the similar events overseas stated in the third part. By formulatinglaws and regulations of appropriate price information, a proper punishment system,effective execution system, a system to prevent excessive intervention by the thirdparty, we will make perfection of enterprise improper price increase behavior inspecific path prices regulation.