| In principle,the anti-monopoly law applies to all types and fields of market competition activities,its purpose is to regulate market competition behavior,maintain economic order to ensure the effective and stable development of market competition,but for the protection of social public interests and vulnerable groups and industries,it is necessary to allow specific subjects to conduct monopoly behavior.Agriculture has inherent characteristics: On the one hand,as a basic industry,agriculture plays an important role in the development of basic national life and other industries.For example,since the outbreak of COVID-19,the lockdown of cities and areas has been a test for the government and people,and sufficient supplies are the guarantee of life.On the other hand,at the present stage,China’s agricultural development speed is relatively slow,affected by natural disasters,the output of agricultural products is unstable,leading to its weak position in the market competition,damage to the interests of agricultural producers.Therefore,the exclusion of agricultural industry is based on the consideration of vulnerable groups and the overall interests of the society,which is consistent with the overall goal of the anti-monopoly law.The exclusionary system of agricultural application is the result of the balance between anti-monopoly law and agricultural industrial policy,and has the characteristics of social fairness and universality.At present,article 56 of the Anti-Monopoly Law has made provisions on the agricultural exclusion system,which is highly generalized and ambiguous,in particular the scope of the main body of agricultural suitable exception system,such as no clear rules,and other related laws and regulations without bridging that appeared in the process of practice is difficult problem.Therefore,the agricultural exclusionary system needs further research and the construction of a complete institutional framework,so that the agricultural exclusionary system can play its real significance and value.This paper is mainly divided into five parts,the first part is the introduction,mainly introduces the background and significance of the topic to explain the value and necessity of the topic.The second part is the basic theory part,mainly introduces the following two contents: one is the overview of the exclusionary system of the application of anti-monopoly law;The second is the basic content of the agricultural exclusionary system,the reasons for the agricultural exclusionary system and the role of the agricultural exclusionary system.The third part analyzes the legislative status and existing problems of China’s agricultural exclusion system,mainly expounds the legislative style,the definition of relevant elements,principles and procedures of four aspects.The fourth part elaborates the relevant laws and regulations of the United States and the European Union,and analyzes the pertinence and universality of the exclusionary system for better reference and application based on the characteristics and current situation of its agricultural development.On the basis of the first four parts,the fifth part puts forward feasible suggestions on the agricultural exclusionary system in China,and puts forward reasonable,systematic and feasible suggestions on the agricultural exclusionary system through the legislative system,applicable principles,clear relevant elements and the construction of procedures. |
