중국의 반독점법 제정 전․후의 독점규제 관련규정과 반독점법의 집행
The Regulations related to Antitrust in China before and after Establishment of Antitrust Law and Eenforcement of Antitrust Law
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초록
From the turning point of joining WTO, in 2001, China accelerated the development of market economic system, searched for the development of law system related to it, established PRC Antitrust Law (hereafter Chinese Antitrust Law) on August 30, 2007, and enforced the law on August 01, 2008. Economists in China analyze that the establishment of Antitrust Law in China leads to a historic development of economy-related laws in China, and that socialist market economy and law system are at the step of new development. In addition to establishment and enforcement of Antitrust Law, the detailed rules on enforcement related to Antitrust Law such as State Council regulations on the standard of business combination report and guidelines of Antitrust Committee of State Council's market confirmation are announced. The scope and detailed guidances on application of concrete Anti-monopoly Law are established one by one. The regulations related to antitrust before enforcement of Antitrust Law regulated trust ,basing on respective regulations. After enforcement of Antitrust Law, regulations, basing on Antitrust Law, make up for defects of the enforcement time of the law, and secures concrete standard of application and vindication on execution of the law. This thesis describes in summary regulations related to antitrust in China, before and after establishment of Antitrust Law establishment, and looks into enforcement organizations and enforcement systems, basing on the regulations related to antitrust.
Abstract
From the turning point of joining WTO, in 2001, China accelerated the development of market economic system, searched for the development of law system related to it, established PRC Antitrust Law (hereafter Chinese Antitrust Law) on August 30, 2007, and enforced the law on August 01, 2008. Economists in China analyze that the establishment of Antitrust Law in China leads to a historic development of economy-related laws in China, and that socialist market economy and law system are at the step of new development. In addition to establishment and enforcement of Antitrust Law, the detailed rules on enforcement related to Antitrust Law such as State Council regulations on the standard of business combination report and guidelines of Antitrust Committee of State Council's market confirmation are announced. The scope and detailed guidances on application of concrete Anti-monopoly Law are established one by one. The regulations related to antitrust before enforcement of Antitrust Law regulated trust ,basing on respective regulations. After enforcement of Antitrust Law, regulations, basing on Antitrust Law, make up for defects of the enforcement time of the law, and secures concrete standard of application and vindication on execution of the law. This thesis describes in summary regulations related to antitrust in China, before and after establishment of Antitrust Law establishment, and looks into enforcement organizations and enforcement systems, basing on the regulations related to antitrust.
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