论文部分内容阅读
当前,我国关于滥用市场支配地位的法律主要见于《中华人民共和国反垄断法》。它对市场支配地位的定义、认定要件、表现形式、法律责任等都做出了规定。但是,作为我国首部拥有完整体系的反垄断法,在法律实施过程中,也存在市场支配地位认定标准待细化、滥用行为主体界定不合理、法律责任规定不完善等问题。要从加强立法的可操作性、完善滥用行为的法律责任等方面加以完善。这都使得《反垄断法》并不能很好的服务于我国经济发展。可见,目前深入研究滥用市场支配地位及其法律规制,无论是对相关法律体系的发展,还是对我国经济发展现状的改善,都有着重大的理论意义和现实意义。
At present, the law of abuse of market dominance in our country is mainly found in the “Anti-monopoly Law of the People’s Republic of China.” It defines the market dominance, identify the elements, forms of expression, legal liability and so on have made provisions. However, as the first antitrust law with a complete system in our country, there are also some problems in the process of law enforcement, such as the criteria for determining the dominant market position, the unreasonable definition of abuse, and the imperfect legal liability. It is necessary to improve the operability of legislation and improve the legal liability for abuse. All of these make the Anti-Monopoly Law do not serve our country’s economic development well. It can be seen that the current study of abuse of market dominance and its legal regulation has great theoretical and practical significance both for the development of the relevant legal system and for the improvement of the economic development in our country.