Research On Legal Regulation Of China's Abuse Of Relatively Dominant Position

As more and more unfair trade cases emerge in practice,the concept of the market relatively dominant position abuse is known to people.Relative advantage is one of the status of a particular transaction that arises from upstream and downstream enterprises,and its theoretical basis is the dependency theory.Whether one party relative to the other party has relative advantage position,need to examine the other party of its dependence,even at the same time analysis the enterprise is there enough sex and can expect to turn to other traders.Usually,the market subject which has relatively dominant position does not constitute illegal.But if the abuse of this dominant position causes harm to the market competition order and consumer rights,the law should regulate it.Germany,France,Japan and other countries have legislated on the abuse of relative advantage and established a relatively perfect system.However,China's current law on the relative dominance of regulation is still vacant,with only a few local opinions or methods.And these ideas or approaches are limited in scope and low in potency.this has caused the relative person who has been injured to use the legal means to safeguard their rights and interests.There is no law to rely on.Therefore,it is particularly important to legislate to increase the legal aspects of the relative dominance of regulation abuse.A provision on relative dominance was added to the draft of the Anti Anfair Competition Law,which was just adopted in 2017.However the provision was not adopted in later deliberations.We can see that our country has begun to attach importance to the abuse of relatively dominant position and try to regulate it through legislation.Looking at the abuse of relative position system established in various countries in the world,we can find that most countries choose to regulate the abuse of relative dominant position in the anti-monopoly law.And our "Anti-Monopoly Law" is also expected to usher in the first revision since its implementation in 2008,the construction of the system of abuse of the relatively dominant position in anti-monopoly law is not only in line with the legislative purpose but also has practical operability.The institutional elements of relative dominant status system includes: main requirements,behavioral requirements,and result requirements.In order to effectively implement relative dominant position system,the system should also formulate supporting legal provisions,clearly abuse the concept of relative dominant position,the standard of judgement,the scope of application,and improve the related legal responsibilities.At the same time,an efficient law enforcement team should be set up to protect the legitimate rights and interests of the enterprises and consumers.