First， have suggested that there exists problem in system in fundamental regulation except our country anti-monopoly law is suitable for use， firm belief that middle insufficiency "abuses" is standard including abusing intellectual property rights; Be short of the organization examining the in charge of affirming that except anti-monopoly law is suitable for use; "Unity or coordination behavior " purpose firm Secondly， oppose system again structure build monopolizing law except suitable for use to our country: The applicability ought to adopt the legislation style summarizing that style combines with to listing style each other in legislation middle; Oppose monopoly exempting should be conditional ， have and trend nature; In abusing intellectual property rights face to face "abuse" act as out the boundary clear and definite stablely; "Behavior carries out effective regulating and controlling on unity or the coordination"; Structure the procedure for examination and approval opposing monopoly except suitable for use in "anti-monopoly law "
Abstract in June 2006 submitted to the NPC Standing Committee's draft anti-monopoly law， the extensive focus on the controversial administrative monopoly whether adjustments should be included in the scope of anti-trust and anti-monopoly law enforcement agencies how the operation mode of this two In this paper， the specific provisions of the draft anti-monopoly law perspective， the view that administrative monopoly will be in the anti-trust regulation is necessary， will be the executing agency of China's anti-monopoly law as a model of the design of "anti-monopoly Committee" and "anti-monopoly law enforcement agencies" exist side by side the framework of the double-decker model from the status quo there is a feasibility point of view， but in the long run is a need for further
이 문서의 혁신， 저자는 다음과 같은 세 가지 포인트로 요약 : 첫째로， 앞으로 중국의 안티 - 독점 법 체계 표준의 "남용"; 방지의 응용 프로그램의 부족 - 독점 법의 부재에서 지적 재산권의 남용 등 기존 문제의 기본적인 조항 이외에 적용하다 검토의 예외를 확인 당국; "공동 또는 조율된 조치， 신분의"목적이있다 둘째， 중국의 안티 - 독점 법을 다시 적용하려면 -의 예외와 함께 시스템 구축 : 입법의 범위를 일반 - 목록 - 법안의 스타일을 결합; 반독점 면제 조건부되어야하고 역동 함께 고려해야한다; 남용의 지식 "재산권 남용에"명확하게 정의되어야하며， 공동 "또는 조율된 행동"효율적인 규제와 통제， "안티 - 독점 법"안티 빌드 - 응용 프로그램의 예외 승인 프로세스의 독점
Exclusive monopoly of the intention， that a market is only one Anti-monopoly law， by definition is opposed to monopolies and the protection of competition， the legal It is a basic market economy legal Anti-monopoly law in China is now a new legal But the United States as early as 100 years ago have been enacted such 1865 American Civil War， along with the national railway network to establish and expand local and regional markets had rapidly integrated with the national unified The establishment of one large market， promoted the rapid development of the US economy， on the other hand a monopoly to promote the emergence and development of the TIn this paper， the development of a sound anti-monopoly law in China as the research object， combined with the knowledge of law and economics， integrated use of comparative analysis， historical analysis and interpretation of standardized methods， law and economics research methods and other methods， anti-monopoly law in China The developed in-depth analysis of the basis， drawing international organizations and developed the system development for antimonopoly Wan Shan Hu relevant recommendations， focused on the Fanlongduanfa Falvtiji Goujianwanshan required for the main system， and Woguomuqian The antitrust analysis of the legal system and puts forward suggestions for This paper discusses the following five parts:The first section discusses the development of anti-monopoly law， the nature and characteristics， this section aims to provide a background for the article after the launch of this paper discusses the The second part of the discussion of anti-monopoly law in the international development trendThe third section discusses the regulation of private restriction of competition and standardize government Fourth section discusses the anti-monopoly Law Enforcement Authority
This article place of innovation， author summarizes for the following three points: First， proposed our country antimonopoly law is suitable the question which in the exception system basic stipulation exists， including abuses in the intellectual property rights lacks “abuses” recognizes the standard; Lacks the antimonopoly law to be suitable the exception examination confirmation the cognizant agency; “union or coordination behavior” goal Second， is suitable the exception system's construction again to our country antimonopoly law: The applicable scope adopts the summary-like in the legislation with to enumerate the legislative style which suitably the type unifies; The counter-monopoly exemption should have the condition， and has the dynamic; To abuses in the intellectual property rights “to abuse” makes is clear about the limits; Right “the union or the coordination behavior” carry on the effective regulation; Constructs the counter-monopoly in "Antimonopoly law" to be suitable the exception the examination
