Research On The Legal Issues Of Commercial Soes Abuse Of Dominant Market Position

In all the country’s anti-monopoly law system, the monopoly of state-owned enterprises is a special issue that need to be treat and deal with, the issue in our country is more "Chinese characteristics", this is also the key to insure our country ’s anti-monopoly law can be effective implementation. For a long time, due to the state-owned enterprises’ positioning is not clear, the nature is unknown, and simplification of the market economy reform does not adapt to the special function of state-owned enterprises. public welfare state-owned enterprise which should focus on the interests of the social public welfare is to pursue the economic benefits and ignore their social responsibility; commercial state-owned enterpriswhich which should focus on the economic benefits of competitive to abuse the monopoly power under the banner of serving for the society. Along with the continuously go deep into the reform of state-owned enterprises, in 2014 the third plenary session of the eighteenth is offered to "define different function of state-owned enterprises", and in September2015, the state council on deepening the reform of state-owned enterprises guidance"explicitly put forward the classification reform of state-owned enterprises.Classification of state-owned enterprises is just beginning, one kind is the public welfare state-owned enterprise that guarante the livelihood of the people to serve the society public welfare, another kind is the commercial state-owned enterprise that introduce competition to make commercial operation business, this classification reform helps to solve question that state-owned enterprises’ classificationf is unknown or a long time and the enterprises which should not monopoly are also protected.Early due to the commercial state-owned enterpris was the natural monopoly, the national investment to set up and protected by the government, they have a powerful economic strength and scale, after introducing competition mechanism, relative to other business operators,they have obvious advantage, one of the biggest issue in the competitive is monopoly and restrict competition, especially the issue of abusing dominant market position, combined with China’s "anti-monopoly law" article 7 is fuzzy, without considering commercial state-owned enterprise’s special aspects of the abuse of dominant market position, and system, legal liability system of regulatory rules and regulations is not perfect, make the commercial state-owned enterprise abuse of dominant market position is more serious. Therefore, study on this issue is very necessary.This paper points five chapters and according to the logic of "ask questions-analysis problem- problem solving" to study this issue: the first one is preface, which leads to the research of this paper. The second chapter is the summary of commercial state-owned enterprise and the abuse of dominant market position, the set and puts forward the problem of abusing of dominant market position, the article introduces the present situation, the performance of abuse, characteristics and influence; The third chapter analyzed the reasons of it abusing dominant market position, the main reason lies in the special aspect of their dominant market position and determined the abusing,and anti-monopoly law in China on the issue is lack of regulation has certain;The fourth chapter studied the regulation of abuse of dominant market position about the region of the United States and the European Union, especially for state-owned enterprises legal regulating of the monopoly issue such as abuse of dominant market position, may discover the significance of anti-monopoly law in China; The fifth chapter puts forward the path of China’s anti-monopoly law to perfect the law, including the legislative mode selection, regulation subject system, the perfection of legal liability system of its recommendations.