?The Anti-monopoly Law? Application Of The Special Industry Research In Our Country

Accelerating as the speed of economic development in our country and also to speed up the perfect legal system in China, the national security and the development of the industry to make a concrete analysis on the stability and improve the development of the national economy security, realize the steady and fast development of the industry development of our country, the market economy for the future development of a sound legal basis. At present our country has some special industries, special industry refers to the monopoly industries in our country, is generally all kinds of resources or monopoly state-owned enterprises, respectively in these industries involving national security, national economic lifeline, but as the market open change trend gradually strengthened, the development of the industry needs to apply the system of exclusive dealing in accordance with the law. Through the analysis of the related content in the anti-monopoly law, it can be seen that the anti-monopoly law in China, the definition of special industries is in some monopoly industries as the main body of the state owned enterprise or company, using the controlling organization structure mode, the indirect control, use, guide the resources, strategic security, national defense safety and so on a series of related products to the market price of trend and the scale of production, eliminate competition, manipulation and control and a series of related market operation specification, national government by this special structure to control the market behavior is not conducive to the healthy development of the market and fair, is unfavorable to the society and the rational behavior of consumer.Special industry monopoly is used by the body of the special industries in order to achieve a specific control market, specializing in the production a strategy that USES its advantage position or other means to control the development of the market, the manipulation and the market price, is produced certain effect on other industries and markets.View of this paper is based on a specific definition, the anti-monopoly law in China to apply some special terms and special industry for content, in the anti-monopoly law applicable to special industry specific, can draw lessons from international some advanced practices from country to country. The author in the first part of the paper mainly analyzes the current special industries in some applications of the anti-monopoly law and the specific performance, some of the related theoretical concept and detailed analysis of the manifestation of the anti-monopoly law content and finishing. The author in the second part of this paper first introduces the some basic content about the anti-monopoly law in our country, secondly analyzed the international advanced countries, such as Germany, the United States, Japan and other countries the anti-monopoly law with some applications on the development of special industries, the anti-monopoly law applicable for unified judgment methods have different effect, the anti-monopoly law can be reflected in the application of special industry, and according to the market evaluation of specific particularity and difficulty to locate, mastering the special industry specific development direction. Industry the manifestation of supervision and dependency is not strong is a special industry generally support the government, the government policy generally the main guide is a special industry, special industry in the market price and output occupies a major position, plays an important role. In this paper, the third part mainly analyzes the application of the anti-monopoly law in our country special industry specific analysis, analysis for Chinese oil as an example, put forward concrete strategies and \ "anti-monopoly law\" means a series of analysis. The current application of the anti-monopoly law in the special industry in our country mainly is concentrated in China petroleum, China petrochemical, China telecom such as a series of special industries, analyzes China's oil has certain representativeness.\ "Anti-monopoly law\" stipulated in article 7 of the existence of special industries and management related concept, the main purpose of this article is from the perspective of jurisprudence analysis of the anti-monopoly law application in special industries and specific strategies. The anti-monopoly law and industry supervision and management of the applicable in the special industry in the future will be towards the legalization of an important symbol in our country, the future of our country under the rule of law construction has the important driving force. China's main antitrust legislation aimed at can be realized through content on the behavior of innovation, using legal content and system of management implementation of the anti-monopoly law implementing effectiveness, improve the operation effect of the anti-monopoly law, make the domestic special industry in our country can realize to participate in market development, flexible to participate in the transformation of the development of the market competition. China's anti-monopoly law on the application of the special industries is not only a real need for the steady development of our country's economy, is also the trend of the legislation law enforcement, relax the regulation of the world.In this paper, by analyzing the development status of countries to the anti-monopoly law, the author also puts forward some Suggestions for perfecting our country \ "antimonopoly law\" and the opinion, these insights are the effective ways to guide the legislation, the right development in our country. \ "Anti-monopoly law\" has a certain particularity, in the interests of society as a whole and the individual consumer balanced development process, the anti-monopoly law has a very important role, the anti-monopoly law by promote the development of industry, improve market stability, standardize the market manipulation, reduce the vicious competition, realize the management of rule by law, perfect the system of the rule of law.