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China Antitrust Suitable Exception System Research

Author: ZhangZuo
Tutor: ZhaoMing
School: Southwest Jiaotong University
Course: Economic Law
Keywords: Anti-Monopoly Law the system of exemption from anti-monopoly theoretical basis applicable scope program control
CLC: D922.294
Type: Master's thesis
Year: 2011
Downloads: 131
Quote: 0
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Abstract


Anti-Monopoly Law is the most important sectors, and its basic purpose is to protect fair competition, regulate monopoly. But not all monopoly limitative conduct must be anti-monopoly law to regulate. Certain industries or behavior can be based on the public interest and get the laws of tolerance, become "legal monopoly" and be protected by the law. This system is this essay studies the system of exemption from anti-monopoly.2007 August 30, experience for more than ten years and tribulations of antimonopoly law of the People’s Republic of China has been voted on. Celebrating over in from all walks of life, our country anti-monopoly law of something missing makes we must on the system research will more step further. Therefore, for this topic research appears very have realistic significance.This paper is divided into five parts. The first part, basic theory of the system of exemption from anti-monopoly. From the start, the connotation of institutional system suitable exception the concept, characteristics, etc are described. Secondly, from economics, jurisprudence and administrative science angles of antimonopoly law suitable exception system theory foundation analysis.The second part of the world’s major national anti-monopoly suitable exception of substantive law regulation system in detail. From the Angle of economic law system of substantive law the comparatively complete in the U.S., European Union, Japan and Taiwan makes a general is elaborated. Countries to apply the applicable scope of the same except system, have distinguishing feature each. But can see anti-monopoly suitable exception system, the development trend of antimonopoly law suitable exception applicable scope will gradually narrowed, and applicable way also gradually from supervision organs aggressively to the parties apply for change.The third part, the antimonopoly law suitable exception of foreign system of applicable procedure outlined. Review world each country anti-monopoly law practice, anti-monopoly suitable exception system of procedure control pattern mainly have prior approval and later review combined with pattern and afterwards review the dominant model two kinds. Most countries and regions in the world dominated by the first kind of control mode. This model is the best feature of antitrust authorities to leading process, can imagine, if lack of necessary supervision measures, administrative organs of the work efficiency and fair will become the model system of potential drawbacks. The second kind of pattern mainly by American etc countries of Anglo-American law system represented, in this mode, the operator does not require an application or to law enforcement agencies must declare, can independently decide whether or not to conduct, therefore in the program is operated on varibles. But this model has its drawbacks, because if a court or antitrust authorities after review of the confirmed the behaviour is illegal, then the operator must assume legal responsibility.The fourth part, Chinese antimonopoly law suitable exception system overview. For our current anti-monopoly law are summarized, which can be analyzed to improve and perfect the part of the ether, finally subject research achievements.The fifth part, to perfect China’s anti-monopoly suitable exception system are proposed. In the paper, on the basis of successive foreign lawmaking practice and the status quo of China, specific sectors, import and export cartels, public utility enterprises fields such as improving Suggestions. Secondly, applicable procedure, establish a with the application of the parties concerned, the competent authority for review and approval, objection and supervision for the main link steps antitrust law suitable exception policies and procedures, in order to ensure the effective implementation of the anti-monopoly law. Do entity legal system and procedural law system of mutual cooperation, aiming to establish a set of adapt to the economic development of China antitrust law suitable exception system.

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