Research On Laws And Regulations Of Monopoly Agreement Of Internet

In recent years,with the continuous development of the Internet industry,there are emerging a large number of Internet companies Monopolistic agreements,such acts violat the inevitable competition for the idea of freedom of antitrust laws.From the abroad "Apple ebook monopoly pricing" cases to the domestic "3Q" cases of boycott,monopoly agreements are often involved in the Internet business Internet giants,if we do not regulate such behavior,it is likely will cause immeasurable damage to the Internet economy.Background of China's "anti-monopoly law," the promulgation of legislation to determine its contents can not meet the practical needs of the Internet companies monopoly agreement,other relevant laws,such as the "Consumer Protection Law","Administrative law" "Bidding Law" and so on,none Internet companies regulate the conduct of monopoly agreement,but most scholars theorists still locked on the behavior of the traditional enterprise monopoly agreements,the study of monopoly agreements implemented in very few Internet companies,this situation led to the Internet Regulation plight enterprise of monopoly agreement.Through the experience of other countries for Internet companies Monopoly Agreements regulatory measures,combined with the special nature of Internet companies Monopolistic agreements,it may be the fact that judge from the body and the objective aspects of behavior,and on the double effect of this behavior has,recommendations apply rational principles Lord,finds the principle of illegality per se rule supplemented by the comprehensive consideration of the consequences of the behavior of objects and behavior,through the improvement of civil liability and administrative liability,criminal liability increased accountability to improve the legal system of the act.According to the traditional "questions-analysis of the problem-to solve the problem," the article in addition to the introduction and conclusion,the basic ideological approach as " Internet companies Monopolistic agreements general analysis-Internet companies Monopolistic agreements Situation and Regulation Review-Internet companies Monopolistic agreements legal regulations dilemma analysis-Internet companies Monopolistic agreements legal regulation perfect proposal ",divided into the following sections:Part ?: General analysis of Internet companies Monopoly Agreements.This part mainly by the special nature of the causes of Internet companies Monopolistic agreements,performance and particularity particularity forms of analysis to the traditional corporate monopoly agreements distinguish provide a theoretical basis for the regulation of behavior.Part ?: Situation and Analysis of Internet companies Monopolistic agreements Legal Regulation.Through research status of the legal regulation of behavior,and critical analysis of the regulatory status quo,clearly the current basic attitudes States Internet companies monopoly agreement,and analyze the various problems which exist,whether foreign practices for reference to China,etc..Part ?: Difficulties of Internet companies Monopolistic agreements legal regulation.Dilemma of legal regulation is mainly reflected in three aspects: First,the plight of behavior identified,mainly actors and behavioral difficulties identified objective aspect;the second is the plight of illegality identified,for the rule of reason and per se rule applicable to the dispute still exists,Illegality and identified considerations have more complexity is the Internet companies Monopolistic agreements identified the existing problems;the third is the plight of liability applicable,deletion of principle civil liability,administrative liability and criminal liability are fuzziness the act legal action during the problems.Part ?: Perfect proposal of Internet companies Monopolistic agreements legal regulation.For the third part of the dilemma presented a comprehensive analysis of the behavior of Internet companies Monopolistic agreements concluded illegality identified and legal liability applicable perfect countermeasures,such as the principle of the law applicable and reasonable analysis,civil and administrative responsibility of the person to refine and increase and other criminal provisions.