Research On The Improvement Of Cartel Exemption System For Small And Medium-sized Enterprises In China

Since the reform and opening up,small and medium-sized enterprises(SMEs)in China have sprung up like bamboo shoots after a spring rain,which is irresistible.The development of SMEs has entered a golden period and strongly supported the development of the national economy.However,SMEs are vulnerable to changes in the overall economic environment of the market because of their weak operating foundation.There are practical problems such as financing difficulties,weak technological innovation ability and inadequate competitiveness.Therefore,SMEs must be given a certain degree of inclined protection to support and promote the growth of SMEs.The Cartel Exemption System of SMEs is an effective means to promote the development of SMEs at the level of anti-monopoly law.The theory of dynamic scale economy and the theory of supporting small and medium-sized industries explain the necessity and rationality of exempting SMEs from cartels while prohibiting monopoly to exclude and restrict competition under market economy.Exemption system is the complement and development of anti-monopoly law,which is consistent with the multivalue goal pursued by anti-monopoly law.If SMEs can successfully apply the exemption system in the anti-monopoly law,they will surely solve the development problems through joint action,and enable SMEs to obtain the power to balance the monopoly of large enterprises,thus protecting and promoting the development of SMEs.This is also the need to maintain the balance of industrial organization structure and implement the industrial organization policy of supporting SMEs.However,the Cartel Exemption System of SMEs in China is not perfect,which affects the effectiveness of the implementation of the exemption system to a certain extent,and brings difficulties to the enforcement of anti-monopoly law enforcement authorities.The operators of SMEs will also be confused about how to comply with and apply the exemption system,which will have a negative impact on effective cooperation among SMEs,and is not conducive to the healthy development of SMEs.Therefore,it is not only of theoretical significance,but also of practical significance to make a full study of the Cartel Exemption System of SMEs in China,to examine the gains and losses of this system,and to put forward specific ways to improve it.At present,China's legal provisions on the Cartel Exemption System for SMEs are too vague and not specific.At the same time,the enforcement practice of China's anti-monopoly law enforcement authorities shows that there are some problems in the implementation of the Carl exemption system for SMEs,such as excessive application of its own illegal principles,unreasonable distribution of burden of proof,and imperfect supervision mechanism.It is imperative to study and draw lessons from the substantive and procedural provisions of the exemption system of the anti-monopoly law of developed countries and economies such as the United States,Japan and the European Union,which are mature in market economy,and to explore the ways to improve the Cartel Exemption System of SMEs in China in the light of the actual situation of our country.Specifically,China should speed up the promulgation of the Guidelines for the Implementation of the Cartel Exemption System for Small and Medium-sized Enterprises,refine the exemption conditions and audit standards,and improve the corresponding implementation procedures by using reasonable principles,establishing relief mechanisms and improving supervision mechanisms.In this way,the Cartel Exemption System of SMEs in China can be truly applied,and can better support the growth of SMEs.