Research On Antitrust Exemption For The Agricultural Sector

The exemption system of the antitrust laws is in harmony with the antitrust laws in the objective of value, and complements mutually in the content. It can effectively balance various interests, to make sure that the economy and society run well and both develop in a balanced way. Since agriculture itself is the basis of the national economy, in the meanwhile there are numerous natural and market imperfections in itself development, which makes the application of antitrust exemption for the agricultural sector become the consensus all over the world ,and every country enacts the antitrust laws to advance the agriculture in a effective and sound way. Combined with China's present situation, we have just passed the anti-monopoly law, as is called"Economic Constitution" in 2007. The regulations and rules of all aspects in our country are far from perfect. Our agriculture base is so weak, which is in the extensive mode of development for long and characterized by low science and technology in the content. We now continually face the pressure on the competition from international farm producers after our accession to WTO. Therefore, we should take a more in-depth study on antitrust exemption for the agricultural sector, supply the systematical support to ensure the agriculture develop in a healthy way and at a rapid rate and promote the prosperity of our agricultural markets. In all, all we mentioned above play a significant role not only in the theory but also in the reality.This thesis, through the research at the theory and system in the perspective of international comparisons, try to offer some suggestions on the improvement of the antitrust exemption for the agricultural sector in our country, which is far from perfect. Besides the introduction and conclusion, this thesis can be divided into four parts.Part one: the basic theory of exemptions from antitrust laws of agriculture. First of all, this part briefly described the concept of monopoly, antitrust and antitrust exemption for the agricultural sector in accordance with the logic. Then, based on the characteristics of agriculture itself and principles of antitrust laws, this part makes an analysis on the necessity of antitrust exemption for the agricultural sector, so as to lay the theoretical foundation for whole thesis.Part two: analysis on the antitrust exemption for the agricultural sector in European and American countries. This part probes deeply into the antitrust laws of European Union and the United States in the viewpoint of legislative and judicial context, which own the most advanced system of it. Then, this part ruts forward four issues of importance in judicial practice of antitrust exemption for the agricultural sector: defining agricultural products, restrictive regulations on agricultural exemption, the organization and behavior of the agricultural cooperatives, after the comprasion the legislative goals embedded in the specific rules based on the expound production of their specific system.Part three: legal principles adopted in the system of antitrust exemption for the agricultural sector. Having already analyzed antitrust exemption for the agricultural sector in European and American countries, I focus my concentration on the legal principles hidden behind the complex and sophisticated rules of antitrust exemption for the agricultural sector, in hopes of grasping the essence of antitrust exemption for the agricultural sector.Part four: our present situation and improvement of the system of antitrust exemption for the agricultural sector. In this part, I begin to focus on our domestic situation. I show the rules of antitrust exemption for the agricultural sector in our country, from an analysis of the 56th article of China's antitrust Law. Then this thesis set forward the following proposals to perfect our system of antitrust exemption for the agricultural sector: a clear application of legal principles; a scientific definition of agricultural products; add the restrictive rules on antitrust exemption for the agricultural sector; improve relevant procedures on antitrust exemption for the agricultural sector.