论我国反垄断法在石油行业实施-法律专业论文.docxVIP

上海交通大学法律硕士学位论文论我国反垄断 上海交通大学法律硕士学位论文 论我国反垄断法在石油行业的实施 万方数据 万方数据 色不清，难以发挥出维护市场竞争、保障经济效率和消费者利益的监管 功能；三是反垄断法除外条款规定过于原则，缺乏可操作性。解决的方 法，一是石油产业政策制订者以建立社会主义市场经济秩序为目标，及 时调整限制、排除竞争的相关产业政策；二是实质推进国家部委机构改 革，设立产业政策制订者、执行者和反垄断执法者相互的独立机构，明 晰各自管理职责，以高效地发挥政府对市场的调节功能；三是完善反垄 断法相关条款，对除外条款作进一步限定适用的规定，加强反垄断法对 特殊经营者所实施的滥用市场支配地位的规制力度，维护反垄断法“经 济宪法”的权威。 关键词 反垄断法，石油行业，法律适用 THE APPLICATION OF THE ANTI-MONOPOLY LAW ON CHINESE OIL INDUSTRY ABSTRACT The thesis studies on competition condition in Chinese oil industry , monopoly behaviors of operations by two Major oil companies , and national oil industry policies, observes that lack of competition in domestic oil market, and monopoly operation by two major oil companies in oil upstream and downstream industries, what is more , such monopoly operation market frame was caused by current Chinese oil industry polices which have carried out in the past over a decade , monopoly market behaviors by two major oil companies have lasted for over a decade, and have been intensified in recent years , thus have a very serious negative social impact .People doubt the authority of Chinas anti-monopoly law, Why there is no limit, no regulations , no punishment for monopoly behavior by two oil companies , people also doubt if anti-monopoly law favor state-owned enterprises, some foreign medias even conclude that lack of equality is common in application of Chinas anti-monopoly law . Subsequently, analyses the coordination of industrial policies and anti-monopoly law , summarizes the difficulties in implementation of anti-monopoly law in oil industry, concludes that through the definition of the scope of the implementation of the anti-monopoly law by application of exclusion principle, to regulate the market operators on basis of general application of the anti-monopoly law, in consideration of industrial policies application , so as to protect effective competition, consumer rights and public interests, to promote the rapid development of the petroche