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Research on the Improvement of Regulating the Profiteering Problem in China

Author: WuYan
Tutor: YuWeiTong
School: Shenyang University of Technology
Course: Civil and Commercial Law
Keywords: profiteering behavior legal regulation identified system
CLC: D923
Type: Master's thesis
Year: 2010
Downloads: 67
Quote: 0
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Abstract

The market economy is not a free economy, but the legal operation of the economy; need to use the law to regulate the market behavior. In China, during the planned economic system transformed to the market economic system period, a small number of operators, vendors entered the real estate, medical, transportation, energy, education and other areas of consumer goods on price fraud, price monopoly profits, and other means.Profiteering acts directly harm the interests of consumers, the impact of the rational flow of social resources, undermine the effectiveness and fairness of the distribution, fuel speculation of bad habits and become a social and political instability of the hidden dangers.But our country not has specific "anti-profiteering law", our country only has the "Price Law" and "Anti-Unfair Competition Law", "Consumer Protection Law" which are lack of relevant and practical. Therefore, the studying on the issue of China’s market, and stepping up construction of China’s anti-profiteering law have become our country’s major social issues which is in urgent need of solve.This article is analyzing the behavior of the profiteering which happened in our country’s market by the use of combining interpretative, empirical and comparative study of methods, combining the relevant law and economics, and other interdisciplinary knowledge. This article talks about the market profiteering of the main manifestations and its hazards. The article also sums up the market profiteering problem of reasons, exposes the existing legal system on the profits of the inadequacies of the system. In addition, this article studies construction of China’s anti-profiteering law on the basic the legislative experience of foreign anti-profiteering.In the legislative content of "anti-profiteering law", this article has designs the standard that acts of profiteering, the performance of classification, a responsibility, punishment and anti-profiteering prevention mechanism by the operational analysis. Moreover, this paper provided legislative measure on the construction of China’s anti-profiteering law which made China’s anti-profiteering more focused.In the enforcement of "anti-profiteering law" by the feasibility analysis, the paper proposed the establishment of a quasi-legislative and quasi-judicial power of the anti-profiteering executive body, authorized the anti-profiteering law enforcement agencies implement short-term price control functions, market research functions. The functions of intermediary services price, windfall profits of the functions of administrative penalties, the profits of small disputes controversial cases, such as functions of administrative decisions. In addition,the content of minimizing local protectionism in the anti-profiteering actions of interference, protecting and supporting the implementation of the anti-profiteering law, which this article talks, provides a basis for the implementation of China’s anti-profiteering and make China’s anti-profiteering more operational.

Research on the Improvement of Regulating the Profiteering Problem in China

Abstract

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