Research On The Exemption System Of Antimonopoly

Antimonopoly Act exception system, also known as the exception of system is that the form is consistent with the provisions of the anti-monopoly law prohibited the industry or field, as the acts of the industry or field with exception of liability provisions allow certain monopolistic behavior and state monopolies exist, the anti-monopoly law is not held accountable for the special legal system. The existing system of the basis of economics, law and policy basis, China's newly released anti-monopoly law on the system entities also provides procedural requirements, but many of its provisions are unreasonable, in view of this existing laws on anti-monopoly law provides immunity system deficiencies start, in the theoretical analysis based on the presentations and through comparison with other countries and regions of the system requirements, combined with our real life the practical application of the system, Construction of China's proposed anti-trust law exemption perfect system of legislative proposals.The article is divided into three chapters of the exemption system on the anti-monopoly law, Chapter I, first of all, on the basis of the anti-monopoly law waiver system theory. This mainly involves the concept of the system, meaning characteristics, the economics and policy and the basis of law, and the system development and evolution of the recent trend. Chapter II, introduced in other countries and regions on the anti-monopoly law with the relevant provisions of the waiver system, the system focuses on the legislative model, and the scope and procedures of law enforcement agencies, and, especially on the natural monopoly industries, the anti-monopoly law exemptions. Chapter III, the China Construction of the anti-monopoly law by the legislative proposals waiver system, the focus on the establishment of the system in China should follow the principle of legislative mode, scope of application, implementing agencies and procedures.The author believes that the anti-monopoly law by the theoretical analysis of the exception system and other countries and regions in the comparative study of the system, suitable for China's national conditions for the construction of the anti-monopoly law exception system and the promotion of the development of economies of scale and improve the international competitiveness of Chinese enterprises force, the protection of the rights and interests of our consumers, the public interest and maintaining social building a socialist harmonious society are important theoretical and practical role.