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The Dilemma And Breakthrough Of The Laws And Regulations Of Market Competition

Posted on:2016-03-12Degree:MasterType:Thesis
Country:ChinaCandidate:Y N GuoFull Text:PDF
GTID:2336330479980183Subject:Economic Law
Abstract/Summary:PDF Full Text Request
With the rapid development of economy, in order to adapt to economic globalization and competition internationalization, conform to the changes of the market economy competition, the need of market economy competition explored obtains the corresponding law, to ensure the effectiveness of competition law, practicability, dissolve the competition in the market many conflicts and contradictions in legal system, market competition system of the harmonious and unified.This paper is based on the development situation of the market economy as the background, the market competition legal system of multi-level deep inquiry. On the legislation, law revised procedures and gradually improve, to ensure that competition law as integrity, effective and practical, applicable to many conflicts and contradictions in the market competition. From the point of the outline and content of market competition law, expounds the direction of adjustment of the market competition system with an example. Throughout the history of the development of the competition law, carry on exploratory research from two aspects of domestic and abroad. Through the research on the America, South Korea, Japan, Germany, Britain in five countries of the legal system of competition, and is closely related China conditions, further improve the construction of legal system China market economy, provide a good market economy environment for the China, establish fair competition mode, and promote the rapid development of market economy.There are a lot of unfair competition and monopoly phenomena in the development of China of market economy, a lot of monopoly industry appears gradually in the market, monopoly market, causing great economic losses on the part of the business operators and consumers. China's current "Anti Unfair Competition Law" clearly stipulated in the measures of punishment and the degree of acts of unfair competition and monopoly. But according to the actual situation of China market, Chinese's "Anti Unfair Competition Law" and "anti monopoly law" there are many defects, and in the "Anti Unfair Competition Law" and "anti monopoly law" of the content itself also conflict and contradiction. In recent years, China breakthrough research on competition law system perfect the existing. The main research contents increase for the legal feasibility, perfect competition law enforcement procedure system. The implementation of appropriate intervention policy of the government on the contradiction of spontaneous generation in the market competition. China's current laws of the "price law", "contract law" and "Anti Unfair Competition Law", "consumer protection law" was promulgated to protect the market competition order, therefore, to perfect the legal system in China's competition, must be the internal legal coordination, to achieve the best control and the adjusting effect.China's competition law system in the "Anti Unfair Competition Law" and "anti monopoly law" has many practical problems, such as the dogmatic obviously; the lack of operability; in the absence of administrative monopoly to regulate and limit the negative control; the lack of explicit content in the corresponding security procedures. Competition law system in urgent need of perfect China breakthrough. Changes in the specific legal provisions, refinement, should pay attention to the contents of avoid vague expression, Equivocation language. In the maintenance of market competition should pay attention to the procedural provisions, should have a clear goal and ideal vision, fairness and justice should be the essence of. At present, relevant content from the international competition law perfect competition law system in our country is a correct way.
Keywords/Search Tags:legal system, competition, monopoly, unfair competition
PDF Full Text Request
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