Research On The Green Immunity System Of The Anti-monopoly Law

With the development of environment and the progress of the society,the human in focus on economic development at the same time more and more attention to the protection of ecological environment problems.In recent years,in order to realize the protection of environment,various countries foreign building caused by environmental protection as the main body of the "green plan",therefore,to establish green environmental protection laws and regulations is the development trend of international legislation.Our country also to penetrate in all kinds of legal protection for the environment problem.Our country "antimonopoly law" in the second chapter 13,14 of the ordinance,the ban on vertical or horizontal monopoly agreements between businesses,prescribed in article 15:the operator is able to prove that the agreement is to achieve the purpose of energy saving,environmental protection,disaster relief and other social public interests,and the ability to turn the interests of the consumers share the resulting,this law shall not apply to the related provisions of article 13 and article 14.This is our country green exemption system in the concrete embodiment of the anti-monopoly law.And since the since the implementation of the anti-monopoly law in China,green exemption system is not well established in our country,but because of its unclear subject is unknown,applicable conditions,suitable application of fuzzy,relief kinds uncertain punishment,the anti-monopoly law enforcement agency independent discretion rights is too broad,lead to the antitrust laws green immunity system has long been a monopoly as the basis of their monopoly.Therefore,our country anti-monopoly law green exemption system currently is an urgent need to study and improve the important legal issue.At present,from the perspective of international research status and progress of the European Union antitrust exemption system construction of green are the most perfect,with its main economic situation,and the environment is more adapt to.This article from the EU green immunity system of the formation,development and present situation were discussed,combined with the actual situation in our country,this paper mainly discusses our country antitrust exemption system of green building and perfect.