Author
Prof ZHANG Tianze
Organisation/Institution
Beijing University of Chemical Technology, College of Arts and Law
Country
CHINA
Panel
Law and Economic Development
Title
Research on the Enforcement and Judicial Conflicts in Identifying Vertical Monopoly Agreements under the Safe Harbor Rules
Abstract
Since president Xi Jinping proposed the term "new quality productivity" in 2023, the "2023 Government Work Report" also emphasized that we need to "accelerate the development of new quality productivity".The development of new quality productivity needs the assistance of a high-level rule of law. It is crucial to enhance the elementary legal system of market economy, such as ensuring fair competition, and to establish the optimal business environment through the rule of law. In anti-monopoly field, we need to concentrate on addressing conflicts between law-enforcement and justice, with the identification of Vertical Monopoly Agreements being a outstanding problem within these conflicts. By tracing and analyzing the conflict between law-enforcement and justice in Vertical Monopoly Agreements and methods of reconciliation, we can understand the reasons for the imbalance. Building on these foundations, the paper analyzes the functions and risks of the current safe harbor rules which reconcile the conflict between law-enforcement and justice of Vertical Monopoly Agreement recognition by Case Analysis and Normative Analysis. Ultimately, it concludes improving way to the safe harbor rules from the perspective of coordinating law-enforcement and justice in the recognition of Vertical Monopoly Agreement.
Biography
Zhang Tianze, male, born in Beijing, holds a doctorate in law. He is currently an associate professor the Law School of Xinjiang University, a master's supervisor, and a researcher at the New Era Law-based Xinjiang Governance Research Base. He also serves as a of the China Law Society, a member of the All-China Lawyers Association, a researcher at the Hainan Modern Legal Science Research Institute, and a researcher at Central Soviet Area Legal Research Center of Jiangxi University of Technology. He mainly engages in the teaching and research of environmental and resource law, and civil and commercial law. He has presided over or participated in various humanities and social science projects, and has written or co-authored multiple books and textbooks. His monograph " and Remedy: The Construction of Agricultural Land Soil Pollution Prevention and Control System in China" was published by Chongqing University Press; he co-authored the professional "Environmental and Resource Law: A New Edition" published by China Ocean University Press. He has published more than thirty papers in academic journals such as "Research on and Technology", "Journal of Beijing Institute of Technology (Social Science Edition)", "Journal of Beijing University of Aeronautics and Astronautics (Social Science)", "China Forensic Identification", "Evidence Science", and "Comments on Trade and Economic Law". He has participated in the review of papers in his field as in-house review expert multiple times. He has successfully guided undergraduate and graduate students in writing their graduation theses, and has provided guidance on various legislative regulations in Xin Autonomous Region. During his time at the university, he actively participated in various teaching competitions and actively applied for research projects in his field, completing his teaching and research excellently. He has received numerous awards and honors in teaching, research, academic practice, and party and government services.