Research On The Illegal Determination Of The Minimum Resale Price Maintenance Behavior

After the 19 th National Congress,the construction of a socialist legal system with Chinese characteristics under the new era is going forward while the laws and regulations such as the Anti-Monopoly Law of China provide relatively few stipulations for the Minimum Resale Price Maintenance.Therefore,it's of practical significance to perfect the relevant legal systems of Minimum Resale Price Maintenance.To regulate the Minimum Resale Price Maintenance,the first step is how to identify the act as illegal.However,we don't have elaborate requirements on it in our existing laws.Moreover,there are different views on how to identify illegal actions in the minimum RPM in theorists and practitioners: On the one hand,there are different understandings on whether the identification of illegal acts needs to be taken into account the “effect requirements”;on the other hand,there are conflicting opinions on the distribution of evidential burden.Therefore,the paper takes the research on the identification of illegality of the minimum PRM as the title and analyzes the relevant cases in law enforcement and judicial practice in our country,analyzes the process and factors of the case analysis in detail on the basis of the problem.The paper argues that our country has the following major shortcomings in determining the minimum resale price of illegal process(1)Not clear for analysis elements.For example,we have different opinions on whether we need to take the effect of behavior elements into consideration.(2)the criteria for the determination of cases are not uniform;(3)the distribution of the burden of proof is relatively vague.In addition to the introduction and conclusion,the paper consists of the following four parts:The first part is mainly based on the case that appears in practice and discusses how the law enforcement and judiciary identify the minimum PRM's behaviors in violation of the relevant provisions of China's “Anti-Monopoly Law”.On the basis of case analysis,it mainly discusses the formal elements and effect elements of the act.The second part mainly discusses some shortcomings in our country in identifying some illegal behaviors on the minimum RPM.This part begins with the research on whether it is necessary to consider the anti-competitive effect of the act,the non-uniform standard of case determination and the uncertainty of the distribution of the burden of proof.The third part is the investigation and enlightenment of American judicial practice on the minimum RPM.Through the investigation of the judicial cases in the United States and the combination of China's national conditions and economic development,we conclude that China should learn from it.The fourth part proposes some suggestions on identifying the illegality of the construction of China's minimum RPM.Compositing the problems that arise in our country 's practice and the study of foreign cases as reference,we put forward suggestions on how to affirm the illegal behaviors of minimum RPM.