Study On The Exemption System Of Anti-monopoly Law To State Owned Enterprises

The "Anti-Monopoly Law" is also known as the "economic constitution" in China.It is a milestone in China's economic system reform.Its introduction and implementation have effectively promoted the good operation of China's economy and played a pivotal role in fair market competition.On the issue of regulating state-owned enterprises,the anti-monopoly law still appears to be powerless.The legislative provisions on the exemption of state-owned enterprises by the existing anti-monopoly law are relatively vague,and it is necessary to conduct in-depth research.The exemption system of the anti-monopoly law is to protect the specific industries and fields from the anti-monopoly law for specific reasons and purposes,but in the fundamental value target,the exemption system is compatible with the anti-monopoly law,and is to balance various The relationship of interests to achieve a benign operation of the economy and society.At this stage,taking into account the key position of China's state-owned enterprises in the national economy,it plays an irreplaceable role in safeguarding the basic needs of the country.The state is based on the consideration of the nature of the industry and the public interest of the society,national security,and some state-owned enterprises.The monopoly management rights are protected.The state allows some state-owned enterprises to monopolize and belong to legal monopoly areas,such as public transportation,postal,water supply and power supply,petroleum industry,and media industry involving ideological control.Therefore,the exemption system has its rationality and necessity in the industries and fields that are not suitable for competition.The monopoly of state-owned enterprises in certain industries is an inevitable choice for the current situation of the country.This kind of monopoly is a monopoly of the national market structure,which effectively promotes the optimal allocation of resources.However,the drawbacks of exempting the monopoly of state-owned enterprises are still far from the expectations of exempting state-owned enterprises.Therefore,the monopoly must be Adopt a flexible attitude and appropriately introduce a competition model in state-owned enterprises to alleviate conflicts between monopolies.As we all know,monopoly and competition are not completely opposite.We should balance development,seek the best state of resource allocation,whether state-owned enterprises should be exempted,and need to analyze the nature and consequences of this behavior.The procedure for identifying exemptions from state-owned enterprises is imminent.In this paper,the author will start from the national conditions of China and the status quo of state-owned enterprises,and give a perspective on the monopoly of state-owned enterprises,explain the specific manifestations of state-owned enterprises' monopoly,and the advantages and disadvantages of the national economy;analyze the current situation of foreign anti-monopoly law on state-owned enterprises.To draw some experiences that can be used for reference;finally put forward their own ideas,treat them differently,and analyze the specific issues in detail,and jointly improve the exemption system of stateowned enterprises from the substantive law and procedures.In view of the particularity of China's state-owned enterprises,how should the antimonopoly law exempt state-owned enterprises on the basis of not only exerting the monopoly of state-owned enterprises but also eliminating the value conflicts brought about by monopolistic behaviors? What principles and standards should be adopted for exemptions from state-owned enterprises? What is the subject of the exemption? These are all issues that we need to solve urgently.Formulating a set of scientific and reasonable principles will help the exemption system to operate in state-owned enterprises.At present,the exemption system for state-owned enterprises stipulates that China does not have a clear statement in the anti-monopoly law.This requires a series of supplementary legal norms to improve and support.Therefore,perfecting the anti-monopoly law's exemption system for state-owned enterprises far.