Except Anti-monopoly Law Applicable System Research In China

Starting from the date of the market free competition produces,the shadow of monopoly will follow,always with the the process of competition.After the end of the19 th century leaves of individual large enterprise with its monopoly has been formed,constantly control the key links and key areas of the national economy,is not appropriate to limit the other enterprises when the free competition,monopoly’s clutches start into our lives and in the economy.In order to overcome the negative influence to the national economy,monopoly to ensure the long-term health of the public interests and the national economy development,represented by the formulation and implementation of anti-monopoly law,a series of control measures were implemented.But,with the continuous development of social economy,involves some restrict competition behavior and industry in specific areas though form with the appearance of monopoly,but did not damage the social and public interests,or is greater than the damage caused by its interests.So,how to eliminate in the process of antitrust regulation that the benefits outweigh the disadvantages of limiting competition behavior has become a new research topic in the field of antitrust.The author combined with relevant legislation and practice in our country the status quo,in reference to absorption based on the advanced experience of western developed countries,analyzes the solving China’s anti-monopoly law except for the relevant countermeasures and Suggestions of the predicament,hoping for future theoretical research and practice to allow help.This paper is divided into five parts:The first part is the introduction.Mainly introduced this topic research background,significance and the value of the selected topic,the research status at home and abroad and the research methods and innovation.The second part is our country anti-monopoly law except for system overview.Mainly introduced the antimonopoly law suitable exception system concept and characteristics,research value and system of value conflict and the coordination.The third part is the outside except anti-monopoly law system is introduced and the enlightenment.Mainly introduced the Anglo-American law system and continental law system except anti-monopoly law system,and analyzes their mutual common characteristics and differences.The fourth part is our country except anti-monopoly law applicable system present situation and existing problems.Mainly introduced the running in the system of our country’s anti-monopoly law applicable except the status quo and existing problems.The fifth part is to build with characteristic of our country except anti-monopoly law system suggestion.This part mainly from the attention to coordinated with competition rules,based on the national conditions and learn from other countries’ legislative experience and pay attention to the maneuverability of except anti-monopoly law system and so on three aspects except anti-monopoly law system in China was put forward the Suggestions and comments.