民航业反垄断执法的管制障碍及改革

On the Regulation Reform with the Target of the Promotion of Anti-monopoly Enforcement in Civil Aviation Industry

中国民航业经济性垄断行为背后存在着坚实的管制力量作为后盾,而《中华人民共和国反垄断法》上未明确反垄断执法权对管制权的优先性,也未明确除外适用的清晰范围,由此造成了民航业的反垄断执法困境。应以放松管制为切入点推进民航业的反垄断执法,对中国民航业的管制法律体系进行清理和改革,改变大量经济性管制与反垄断执法目标直接抵触的现状。还要对中国民航业的管制权与反垄断执法权进行科学配置,防止民航业管制权对反垄断管执法权的排挤效应。在《反垄断法》上则要明确反垄断相对管制制度的优先适用性,限缩除外适用的制度范围。

Solid Regulation is the backing strength of economic monopoly behavior in China aviation industry, and 'anti-monopoly law'does not illustrate the priority of anti-monopoly enforcement to regulation power, and the scope of applicable exception is unclear, which causes difficulties in anti-monopoly enforcement of civil aviation. Therefore, as a breakthrough point, relaxing the regulation and clarifying and reforming the legal system of Chinese regulation in aviation industry are needed. The direct conflict situation between the target of economic regulation and anti-monopoly enforcement will be changed because of that. The powers of regulation and anti-monopoly enforcement are also needed to be allocated in order to prevent the crowding-out effect of the former putting on the latter. In the 'anti-monopoly law', the priority of anti-monopoly enforcement to regulation power will be illustrated,and the scope of applicable exception will be limited.