The Consummation Of China’s System Of Exemption From The Anti-monopoly Law

The system of exemption is an important part of Anti-monopoly law. With theanti-monopoly law of the People’s Republic of China promulgated and implemented,the system of exemption from the Anti-monopoly law takes a preliminary regulationin legislation. The system of exemption from anti-monopoly law is establishedcorrespondingly, but it also has some problems. The paper points out the problems inthe system of exemption from the Anti-monopoly law from the perspective of itsconcepts and features. Based on the comparison of systems of exemption from theAnti-monopoly law of major foreign countries, the paper also puts forward theSuggestions on the consummation of China’s system of exemption from theAnti-monopoly law.Centered on the consummation of the system of exemption from China’sAnti-monopoly law, the paper which consists of four parts mainly discusses theimportant of the following.In the introduction to China’s system of exemption from the Anti-monopoly law,the author gives personal views of the concept of the system of exemption from theAnti-monopoly law, introduces the basic content of the system--policy targets andapplicable scope and makes clear the basic theory of the system and basic situation ofthe system.In the part of existing problems in China’s system of exemption from theAnti-monopoly law, the author points out with a critical view that there exist someproblems in legislation system, application scope and enforcement of China’s systemof exemption from the Anti-monopoly law, makes clear where the problems of thesystem exist and offers guidance to further solving problems.In the part of comparison of the exemption system of anti-monopoly law ofmajor foreign countries, the author mainly makes a comparison of the legislation style,applicable scope and enforcement of the exemption system of anti-monopoly law ofmajor foreign countries. Its main aim is to understand the advanced experience andpractice of the system of exemption from the anti-monopoly law of major foreigncountries and provides drawing lessons and reference for the consummation of China’s system of exemption from the anti-monopoly law.In the part of suggestions on improvement of China’s system of exemption fromthe anti-monopoly, the papers puts forward some constructive suggestions onlegislation system, applicable scope and enforcement based on the drawing ofadvanced experience and practices from major foreign countries after making clearthe existing problems in China’s system of exemption from the anti-monopoly. As faras legislation system is concerned, it is suggested that it takes the form ofanti-monopoly decree and some exceptional provisions and other auxiliary rules. Withregards to definition of the applicable scope of exemption, it flexibly specifies theapplicable scope of the exemption from the anti-monopoly law by drawing theprinciple of irregularity per se and the principle in reason formed in US. With regardsto enforcement, it specifies application conditions, censorship standards andprocedures for approval, etc, and establishes coordinated supervisory and remedymechanisms of the exemption from the anti-monopoly.All in all, the consummation of China’s system of exemption from theanti-monopoly law must be made with respect to the legislation style, applicablescope and enforcement procedures. Only its manipulative capability is enhanced, canit render a better service for the development of China’s socialist market economy.