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" antitrust law " Tibetan hidden trouble bewares exempt system is abused

From;  Author:Stand originally Print】【Close
Just of become effective " antitrust law " , a tremendous hidden trouble rises to surface. In western country, what be aimed at as a result of antitrust is the company that forms below natural competition, the government that execute the law is indifferent tripartite. And be in our country, what basically be aimed at as a result of antitrust law is administrative forestall, below this kind of circumstance, the government that execute the law concerns a section likelihood the maker that just is forestall, in the meantime, also may be by " antitrust law " the object of investigation and punish. So, " antitrust law " can you still produce effect truly effectively? In the jurisprudence of antitrust, have a main idea, namely exempt system, call the applicable except of antitrust law the system again, show the country develops to ensure the health of national economy, the certain forestall action that sets in antitrust law and relevant code is not applicable the legal system of antitrust law. Be in the United States, the applicable antitrust exempt such as domain of athletic sports of organization, agricultural collaboration organization, small to labour union company, profession, intellectual property and fund of research and development, foreign trade and control industry. Fasten small look this exempt system, it just is our country " antitrust law " whether a when produce effect fundamental premise. Below exempt system, relevant industry or enterprise do not suffer " antitrust law " restrict. So, in the country that we give priority to body with administrative forestall so, exempt system by how should do when overspend? If business of relevant and powerful monopoly or industry become independent kingdom because of exempt, continue persist one's old ways, " antitrust law " is action will big sell at a discount? Actually, relevant expert gave out clearly already our country " antitrust law " will the industry of exempt. Li Shu of assistant dean of professor of college of Chinese politics and law, graduate school expresses: Some industries have the quality that repellent market competes, include a few state-owned domains to wait for an industry like telegraphic, oil, railroad, their competition to civilian battalion enterprise is repellent, and restrict a few competition that are not state-owned company. Li Shuguang is forecasted " antitrust law " after be being carried out formally, the lawsuit that waits for a domain in oil, petrifaction, railroad, project is met grow in quantity, but at the same time the country also has a few exempt to state-owned company. Well-known, the industry such as telegraphic, oil, railroad, it is the forestall industry with people the strongest doubt, consumer suffers his to suffer from, if these industries all by " antitrust law " exempt, so, in a country that gives priority to body with administrative forestall, this is caused very easily " antitrust law " by impending. Because this can say, be in our country, " antitrust law " whether real play action, depend on two important facets, be exempt system cover range, 2 it is to execute the law itself. These two respects, former it is foundation and premise, because it is deciding directly " antitrust law " the limits that execute the law. If with " antitrust law " the design of the exempt system in the jurisprudence that is core and carry out, lack popular will by governmental dominant completely (especially civilian battalion enterprise) participate in, so, exempt system is abused probably. We need to pass draw on the wisdom of the masses, give attention to two or morethings each interest, build a sound exempt system. Above all, the limits Yue Xiaoyue that exempt system place covers is good. This also is a cosmopolitan trend actually. In view of the harm sex of forestall, a lot of countries on the world begin to use principle exempt to set, reduce the amount of pair of industry exempt. These countries are the country that market economy developeds mostly, the configuration of its forestall basically is natural monopoly, our country is the forestall form that gives priority to body with administrative forestall, should reduce exempt system place to cover range more. Even, my individual thinks, in view of Chinese characteristic, unfavorable implement industry exempt system, and provide principle exempt system only. The truth is very simple, the itself that implements industry exempt system is relevant forestall industry be not allowed why to be affected, " antitrust law " will suffer dismemberment. Next, the compose of exempt system is built should let the people participate in, mirror popular wishes adequately. A certain industry whether forestall, whether did this forestall bring negative effect to the society, the feeling of consumer is the directest, also accordingly, consumer is the group that has right to speak most. If be in,the compose of exempt system establishs a procedure in, can build a platform that mirrors popular wishes adequately, a series of negative effects that place of system of influence dominant exempt brings can be reduced greatly, the behavior that harms consumer interest also can decrease greatly. The 3rd, should build what examine and approve influence to administration to make judge mechanism. From the point of the program of antitrust exempt system, it is commonly apply for by the enterprise, antitrust orgnaization is examined and approve, if do not have pair of administration power make judge mechanism, antitrust orgnaization may abuse immunity, bring about a few serious forestall behavior dissociate at " antitrust law " restrict besides. For instance, can build a judicatory to relieve a mechanism, let think exempt system may violate abusive people, have the right lawfully to lodge a complaint, carry the court decision of judicatory orgnaization, announce to abuse exempt to examine and approve the behavior that grants right by cancel or announce its are invalid. National endowment appoint be in harmony of director Li Rong expresses clearly last week, state-owned company, especially central enterprise, should abide by more " antitrust law " ; Also should get society, include what public opinion bound reachs people to supervise. This paragraph of word, make compatriots right " antitrust law " cogent carry out expressed great expectations.

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