Anti-monopoly Study On Regulation Of Unfair Trade Practice

Unfair trade is a kind of practice that restricts or excludes market competition or hinders fair competition.In the new economic era,its diversity,permeability and concealment characteristics are particularly prominent.Unfair trade practice contains the nature of monopoly and nature of unfair competition,from the perspective of anti trust law,the state should regulate the unfair trade practice which against the public interest by anti-monopoly law.The monopoly of unfair trade practice embodied in two aspects.In economic aspects,the unfair trade practice seizes the excess profit,produces negative effects in the transaction process that leads to market failure which has the monopoly economic sense of the level of jurisprudence;infringement of unfair trade practice is the competitive order and the interests of the most consumers,at the same time suppressing innovation and technological progress which has the monopoly legal sense.This kind of monopolistic practice is different from monopolistic practice,their nature is similar,and the harm is equal.In the regulation of unfair trading practice,China can learn from Europe and the United States,South Korea,Japan and Taiwan,the practice of unfair trading practices and legislative techniques.Grammar revision and innovation into these countries and regions,there are many lessons to construct the anti-monopoly law enforcement agencies and the system of judicial process,including unfair trade practice concept,legislation clear practice concept and type,set up a special fund,establishing the independent and professional law enforcement agencies.All of that are forward-looking legislative and judicial practices.Anti-monopoly law in China started late,the current main problem is the anti-monopoly law lack of legislation about how to regulate the unfair trade practice,the regulation of anti monopoly law of unfair trade practice has multiple responsibility conflict,anti-monopoly law has difficulties about enforcement etc.To improve the legislation and enforcement of Chinese anti-monopoly law,unfair trade practice should be put in the regulation system of anti-monopoly law,the definition of unfair trade practice have to be cleared,and limited responsibility for the implementation of a number of paths open many aspects to perfect,and finally establish a better system to regulate unfair trade practice,so that we could achieve the purpose of anti-monopoly law which encouraging innovation,promoting healthy competition and safeguarding the social public interests.