A Study On The Determination Of Exploitation Abuse In China

The anti-monopoly law is called “the constitution of the economic sphere”,it is of vital importance to maintain the market competition order under the market economy condition,promote the effective competition in the market and protect the legitimate rights and interests of the consumers.The fundamental purpose of the anti-monopoly Act is to increase the welfare of consumers,which is also a significant difference from other legal norms that regulate the operation of the market economy,under the guidance of this fundamental purpose,all violations,violations of consumer welfare behavior is illegal.Exploitative abuse is due to the abuse of prices,and the price issue is not only closely related to the vital interests of consumers and has always been the difficulty of legal regulation,so it should be the “anti-monopoly law” regulation of the top priority.This can be seen from the “anti-monopoly ”Article 17 of the provisions of paragraph 1.In addition,China’s “anti-monopoly law” for the provisions of the system is too principled,some provisions lack the maneuverability,so there is no effective regulation of exploitative abuse.In real economic life,cases of depriving consumers of interest through the implementation of exploitative abuse continue to occur frequently.And China’s anti-monopoly law has entered in to force,so the study of exploitative behavior is not only theoretically necessary but also practical significance.But at present,research on exploitative abuse has not made significant progress.Both the theorists and the law enforcement community are interested in avoiding too much of the problem,due to the small available information,difficult to reference,but also to the writing of this article has brought great difficulties.This article takes the recognition of exploitative abuse as the starting point,based on the analysis of the illegal elements of exploitative abuse and the reasons for the difficulty of exploitative in China,this paper puts forward the consummation measures to regulate the abuse of exploitation.This article is divided in to three parts,the specific content is as follows:The first part:A brief introduction to the present situation of China’s absence of abuse.This paper mainly expounds the current situation of legislation on exploitative behavior in China and analyzes its existing problems in the process of legal regulation.The second part:Expounded the identified elements of exploitative abuse.Mainly from the elements,that is,the operator has a dominant position in the market;the objective elements,that is,the implementation of the phenomenon of exploitative abuse and the existence of illegal exclusion of these three aspects of its specific description.The third part:Suggestions on perfecting of explosive abuse.Mainly from the realization of its convergence with “the price law”,coordination of the “Anti-Unfair Competition Law” and “Anti-monopoly law” to increase the conduct of unfair trade legislation,the development of implementation details and so on,with a view to solve the current China’s regulatory abuses aspects of the existing problems.The innovation of this paper lies in:This paper provides a concrete analysis of the determinants of exploitative abuse,which provides a way to determine the exact abusive behavior in the practice of antitrust enforcement.Of course,because the author’s academic level is limited,this article also has many immature views.