The Research On The Exception Of Anti-monopoly

As a basic system of anti-monopoly law, the exception of anti-monopoly hold the balance of the system of anti-monopoly. on the surface, the exception system disobey the"equitableness competition"fundamental of anti-monopoly law. Substantively nevertheless, it maintenance the efficiency\justice\freedom and the benefit of commonality of the whole society, supplement and revise the insufficiency of the system of anti-monopoly, complete accord with the cause and fundamental of economical law, especially accord with the value pursuit of the whole society economical benefit.Us China is innovating traditional socialism economical. It is important to consummate anti-monopoly called"consititution of ecnomic". The dissertation includes five parts with the systemic discourse and discuss, under obligation of an juristic scholar.The first chapter is an overview of the exception of anti-monopoly. In this chapter ,I mainly discusses the basic meaning ,the legislative significance and value selection of the exception of anti-monopoly. In the describing of the basic meaning, I innovatively used the concept of "monopoly" to lead the concept of"the exception of anti-monopoly. And I analyze the special nature of the exception of anti-monopoly. In the describing of the legislative significance, I explored the rationality of the existence of the exception of anti-monopoly. This is also the premise of the deeply analysis of this system. In the describing of the value selection, I sum up all of the words to propose to efficiency, equity, freedom and public interest which is set up the overall basic demand of the community. So I can show the special properties of the system.The second chapter is the design patterns of the exception of anti-monopoly. On the basis of a comparative analysis of advantages and disadvantages of the two exception modes, I come to a reasonable conclusion at the link of the two modles as a reference in China's legislation.The third chapter is the basic content of the exception of anti-monopoly. It is an evolving concept, but universality, uncertainty, relativity the three features of the exception of anti-monopoly ensure the development of the system and authority of this system. The exception of anti-monopoly involves a wide range of specific subjects such as trade unions, liberal professions, special behaviors such as foreign trade, small and medium enterprises, specific areas such as intellectual property issues. I lead to the classification of sector and exception behavior exception. And I get the regime of using behavior exception in stead of sector exception.The fourth chapter is about the applicable procedures of the exception of anti-monopoly. Firstly, I described the applicable confirmation principles of the system, which is principle of perse and reasonableness, and I explained the reasons for that the latter is more meaningful. Secondly, through a comparative analysis of the legislative system design of the United States, Germany and other advanced countries I explained that the major public power of the exception of anti-monopoly is the law enforcement agencies of the anti-monopoly. Finally, I summarized the specific procedures of the exception of anti-monopoly which is also the method to analyze any other system.The fifth chapter is the legislative summary and the improving. China has achieved breakthrough results on anti-monopoly. But there are many things to improve, such as the exception of anti-monopoly. I summarize China's achievements since the system was established, and I point out which should be improved and how. I adopted an innovative method of logical analysis to explain the reasons problems and improvements of the issues. I want to make a coherent and convincing exposition. But I know my paper may be na?ve .However, I have a wish to attract more attention to promote the improvement of the legal system...