The Application Of Article 7 Of China's Anti-monopoly Law And The Perfection Of Legislation

Since the Article 7 of the Anti-Monopoly Law was implemented,a lot of disputes have been caused.The issue of the disputes is on the relationship between state-owned enterprises and the Anti-Monopoly Law.This law shall be applicable to most state-owned enterprises,that is,state-owned enterprises mostly cannot be exempted from the Anti-Monopoly Law,but there may be some specific exemptions for special state-owned enterprises.Due to the difference in understanding of the article,the standards of exemptions are not clear and the Anti-monopoly Law Enforcement Agency holds a vague attitude towards state-owned enterprises.From the extraterritorial comparison of the legislative provisions of this article,most countries adopt a specific exemption rather than a general exemption for state-owned enterprises,and thus provide some corresponding legislative choices.In addition,based on specific exemptions for state-owned enterprises,Anti-monopoly Law is divided into the legislative model of statute law and of case law.The model of statute law includes direct legislative model and indirect legislative model.China adopts indirect legislative model.Therefore,Article 7 of the Anti-Monopoly Law governing state-owned enterprises can be improved from the aspects of legislative concepts,models,and content.At present,it is the first time the Anti-Monopoly Law being revised since it has been promulgated.The relevant provisions of Article 7 of this law could help to resolve the disputes in research and enforcement of anti-monopoly.