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企业合并违法确认标准调整的中外比较 = On Standards for Affirming Illegality about Incorporation of Enterprises:Comparison between China and Foreign Countries. / Liu Yan.
// Journal of Huazhong normal University. 2014, Vol. 53.
// 华中师范大学学报.人文社会科学版 2014, 第53卷 武汉 : 华中师范大学学报编辑部, 2014.37-49 p. Antitrust laws,with standards for affirming illegality as its core content,are policy-related laws and regulations which aim to interfere in economy.Whether in America or in Germany and Japan,antitrust laws have experienced a dynamic adjusting process of loosening and strictness.The change of international political and economic situation decides the adjusting trend of the legislation and execution of antitrust laws.In America,Japan and Germany,the standards for affirming illegality about incorporation of enterprises have the characteristics of quantification and concreteness,whereas in China,the standards for affirming illegality are broad qualitative descriptions with the feature of flexibility.In order to promote the industrialization in China and ensure justice and operability in executing the laws,the adjusting trend of Chinese standards for affirming illegality should be the combination of both suitable qualitative nature and more quantification.
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