Research On The Anti-monopoly Issue Of State-owned Enterprises In The Special Industries

After fourteen years' preparing work, The Monopoly Law of China finally came into force on 30^th, August, 2007. According to Article 7 of it,' For industries in which the national economy gets its controlling status and which are related to national economic lifeline and state security, and the industries which have exclusive power of operation and sale according to law, the State protects their lawful operation. And the State supervises and regulates there operation activities and price of their commodities and service according to law, to protect the interests of consumers and to promote the progress of technology. Operators of industries mentioned in the prior paragraph should operate according to law, be honest and faithful, be strictly self-disciplined, accept supervision from social community and can not abuse their controlling statuses and exclusive power of operation and sale to impair the interests of consumers.' This thesis mainly focuses on the issues of this Article.State-owned enterprise is an organized form in the special industries and area, which is founded by state, thus its owned-right is belonged state. State-owned enterprises play an important rule in our national economy. As the developing of society and progressing of economy, state-owned economy is undertaking an strategic adjustment, namely, 'to be selective on advance and retreat', and withdraw from the competitive fields. Thus industries which are related to the national economic lifeline and state security become the final positions of state-owned enterprises. However, when the state-owned enterprises are centralized to these fields, the problem of monopoly will appear.In the industries which are related to national economic lifeline and state security, the controlling status of state economy is essential, because they not only should bear the economic responsibility but also social and state responsibility. However, the favor and support granted to them should not go beyond reasonable requirement only because of the state-owned property right. Otherwise, they will commit faults under the shelter of administrative power, which will go against the development of market and do harm to the consumers' interests.Although this article regulates the subjects, actions and obligations, many scholars have questioned whether the statement of price, market access and operation activities is to exempt or to regulate the state-owned enterprises in the special industries. Because lots of regulations on the state-owned enterprises in the special industries are still too principled, and there are no specific statement on the relationship between the Monopoly Law and the industry legislations and between the anti-monopoly organizations and industry supervision organizations, there are still a lot of controversies.This thesis mainly focuses on Article 7 of the Anti-monopoly Law, and dissertate in three parts the issue of anti-monopoly of the enterprises in the special industries which are related to national economic lifeline and state security. It begins with analysis of the scope of subjects regulated by Article 7, and then discusses the theoretical foundation. Following, it makes a statement on the legislation controversies about Article 7. At last, it points out some problems of the Anti-monopoly Law concerning the enterprises in the special industries which still need to be perfected by further legislation. Also in this part, the author gives some personal views of these problems, in hope of making some academic breakthroughs.