Exclusion Studies On The Application Of The Anti-monopoly Law Of Rural Credit Cooperatives

The anti-monopoly law is generally applicable,and except for the application of the anti-monopoly law is an exception and important supplement for the universal application of the anti-monopoly law.The rural credit cooperatives are based on the principle of mutual cooperation,for the maximum degree to meet the crew for the mutual-benefit service needs of the organization.Compared with the profit legal person,Rural credit cooperatives have certain characteristics,and the antitrust law of China should treat them differently.However,the anti-monopoly law in China has not been included in the application of rural credit cooperatives.There is a certain dilemma for the anti-law of rural credit cooperatives.In order to solve this one dilemma,we need scientific analysis,whether the rural credit cooperatives should apply to the anti-law,except for the application of the law,and how to regulate the corresponding behavior of the rural credit cooperatives.This paper uses empirical research,comparative analysis,historical analysis and other research methods,from the characteristics of rural credit cooperatives,and learn from foreign-related legislative experience.Combining with the actual situation of our country's national conditions and the practical analysis of the rural credit cooperatives,it is clear to the relevant issues.In order to solve the problem of the application of the anti-law of rural credit cooperatives.The article is divided into four parts.The first part puts forward the difficulties in the application of rural credit cooperatives.Which means in theory and practice,the anti-law should be applied to the rural credit cooperatives,except for the contradiction between the rural credit cooperatives,and then leads to the analysis of the causes of rural credit cooperatives,the application of the anti-monopoly law,and the topic of specific regulation.The second part introduces the theoretical basis of the application of the law of rural credit cooperatives,including the dual effect of the monopoly,the policy of rural financial industry,the priority of competition policy,the choice and coordination of the multi-value of the law,except for the applicable system,and the consistency of the ultimate value objective of the anti-monopoly law.Then,from the perspective of the financial properties of rural credit cooperatives,the reasons for the application of the rural credit cooperatives are analyzed.The mutual benefit of rural credit cooperatives,business activities,property allocation,the power of democratic management has made the anti-law,and the rural credit cooperatives are not necessary to apply for large scale.Then this paper discusses the function of the rural credit cooperatives in the treatment of market failure,the correction of government failure,and the implementation of social public welfare and the application of the anti-monopoly law,further strengthening the law of anti-law is the reason for the rural credit cooperatives.Finally,this paper briefly introduces the relevant legislation on the application of foreign countries abroad as a reference.The third part describes the phenomenon of the existence of the rural credit cooperatives,in other words,the mutual assistance spirit,the commercial tendency to increase,the democratic management is weak,and the rural credit cooperatives in the abuse of the market,restrict the competition agreement,the business manager and the administrative intervention and other aspects of the monopoly and the risk of monopoly.Some of the monopoly behavior will damage the essence of the market competition and the protection of the consumer's rights and interests,and therefore should pay attention to the application of the anti-law of the rural credit cooperatives,except for certain limits and scope.The fourth part,except for the application of the anti-law of the rural credit cooperatives,has been further refined.The choice of behavior immunity is determined between the industry exemption or the behavior exemption.In addition to the application of the anti-law of the rural credit cooperatives,the specific identification problem is put forward,and the principle of combining the law of the law and the principle of the cooperative and the combination of the cooperative.To identify and identify,organize behavior,and make specific judgments about the considerations of the inner external and other factors.In the way of exemption,the lack of legal immunity for rural credit cooperatives has been selected.On the choice of the decision mechanism,combining with our national conditions and the practice of anti-law enforcement,the decision mechanism of the executive authority is determined.And put forward on the establishment of the organization,the Ministry of commerce,the administration of industry and commerce,the state development reform commission,the power of the three major law enforcement agencies.Finally,the provisions of the term of immunity of rural credit cooperatives and their review have been discussed briefly.