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Market order, there is a narrow sense and a broad sense; In a narrow sense, it refers to the sum of the legal and illegal trading behaviors of market production and operation entities and their objective consequences; In a broad sense, market order is the sum of the management behavior of market management entities, the trading behavior of market operators, the purchase behavior of market consumers, and the quantity and quality of market exchange objects on the market and its objective consequences.
First of all, the market order reflects the inherent prescriptiveness of the market. The market economy is an attribute of the commodity economy, and its basic characteristics are, first, division of labor and production, and second, equal exchange and fair competition.
The realization of equal exchange and fair competition in the operation of the market will inevitably form a series of specific rules and norms, which are manifested in the market order. Second, once the internal order of market operation is formed, it will inevitably rise to a legal form to varying degrees, so that the internal requirements or order of market operation will be codified and transformed into legal norms for market operation.
Therefore, the market order has two natures, one is the intrinsic objective prescriptiveness of the market, and the other is the legal expression or realization form of the intrinsic prescriptiveness of these markets. The so-called market order refers to the intrinsic prescriptive legal form of market operation.
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The crime of disrupting market order refers to acts that violate the state's laws and regulations on market supervision and management, engage in unfair competition, engage in illegal business operations or intermediary service activities, and forcibly conduct transactions, disrupting and undermining the market order of equivalent compensation, fair competition, and equal transactions, where the circumstances are serious. The crimes of disrupting market order include the crimes of damaging business reputation and commodity reputation, false advertising, collusion in bidding, contract fraud, organizing and leading pyramid schemes, illegal business operations, forced transactions, forgery and resale of forged negotiable tickets, reselling bus and ferry tickets, illegally transferring and reselling land use rights, providing false supporting documents, issuing material misrepresentations in supporting documents, and evading commodity inspection. The necessity of regulating the market order:
Only when there is a fair and just market order and a modern market system that is unified, open, competitive, and orderly can the market rationally allocate resources, and a good market order depends on market rules to maintain. Manifestations of market rules: legal norms, industry norms, market ethics norms, etc.
Specifically, there are market access rules, market competition rules, market transaction rules, etc. How to regulate market order (measures) The formation of a social credit system supported by morality and guaranteed by law in the whole society is the fundamental policy for regulating market order. The state should strengthen the establishment of social credit, establish and complete a social credit system, and form a social credit system with morality as the support and law as the guarantee, especially accelerating the establishment of credit oversight and punishment systems for untrustworthiness.
Extended information: The crime of disrupting market order refers to the conduct of violating the state's laws and regulations on market supervision and management, engaging in unfair competition, engaging in illegal business operations or intermediary service activities, and forcibly conducting transactions, disrupting and destroying the market order of equivalent compensation, fair competition and equal transactions, and the circumstances are serious.
Legal basis: Criminal Law of the People's Republic of China
Article 221:Whoever fabricates or disseminates false facts, harms the commercial reputation or reputation of others, causes major losses to others, or has other serious circumstances, is to be sentenced to up to two years imprisonment or short-term detention and/or a fine.
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The market order includes the following:
1. Market access and exit order, economic entities entering the market must have certain economic conditions to be eligible to enter;
2. Monopoly hinders competition, which must be prevented, and competition must also use legitimate means, and cannot use dumping and other methods to attack competitors;
3. The order of trading behavior, the transaction behavior should be based on good faith, free and fair trading, no forced buying and selling, no fraudulent means are allowed to trade, and it is strictly forbidden to disrupt the market with counterfeit and shoddy goods.
Legal basisArticle 3 of the Anti-Unfair Competition Law of the People's Republic of China.
The people at all levels shall take measures to stop acts of unfair competition and create a good environment and conditions for fair competition.
Establish a coordination mechanism for anti-unfair competition work, study and decide on major anti-unfair competition policies, and coordinate the handling of major issues in maintaining the order of market competition.
What are the penalties for disrupting the market order?
1. Fabricating or disseminating false facts, harming the commercial reputation or commodity reputation of others, causing major losses to others, or having other serious circumstances, is to be sentenced to up to two years imprisonment or short-term detention and/or a fine;
2. Where advertisers, advertising agents, or advertisement publishers violate state provisions by using advertisements to falsely advertise goods or services, and the circumstances are serious, they are to be sentenced to up to two years imprisonment or short-term detention and/or a fine;
3. If the bidders collude with each other in bidding, harming the interests of the tenderer or other bidders, and the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and/or a fine.
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Legal Analysis: There are three main aspects: market access and exit order.
Economic entities entering the market must meet certain economic conditions before they are eligible to enter. At the same time, there must be certain rules for exiting the market. Market competition order.
Monopolies impede competition and must be prevented. Competition must also use legitimate means, and it is not possible to use dumping or other means to attack competitors. Order of trading behavior.
The transaction behavior should be based on good faith, free and fair trading. It is forbidden to force buyers and sellers, it is forbidden to use fraudulent means to conduct transactions, and it is strictly forbidden to disrupt the market with counterfeit and shoddy goods.
Legal basis: Article 225 of the Criminal Law of the People's Republic of China: Where state regulations are violated by committing any of the following illegal business activities, disrupting market order, and the circumstances are serious, a sentence of up to five years imprisonment or short-term detention is to be given, and/or a fine of between 1 and 5 times the amount of unlawful gains; where the circumstances are especially serious, a sentence of five or more years imprisonment is to be given, and a concurrent fine of between 1 and 5 times the amount of unlawful gains or confiscation of property is to be given
1) Engaging in monopoly or monopoly goods or other restricted items as provided for by laws and administrative regulations without permission;
2) Buying and selling import and export licenses, import and export certificates of origin, and other business licenses or approval documents provided for by laws and administrative regulations;
3) Illegally operating **, **, or insurance business without the approval of the relevant competent state departments, or illegally engaging in fund payment and settlement business;
4) Other illegal business activities that seriously disrupt market order.
Anti-Unfair Competition Law of the People's Republic of China》 Article 1 This Law is formulated so as to promote the healthy development of the socialist market economy, encourage and protect fair competition, stop acts of unfair competition, and protect the lawful rights and interests of business operators and consumers.
Anti-Monopoly Law of the People's Republic of China Article 1 This Law is enacted in order to prevent and stop monopolistic behavior, protect fair competition in the market, improve the efficiency of economic operations, safeguard the interests of consumers and the public interest, and promote the healthy development of the socialist market economy.
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The significance of establishing and regulating the market order is now in the following aspects:
Guarantee fair competition: The regulation of market order can avoid monopoly and unfair competition, and ensure that all enterprises compete in a fair market environment.
Promote economic development: Regulating market order can improve the production efficiency and product quality of enterprises, and promote the healthy development of the market economy. Respectfully.
Protecting the rights and interests of consumers: Regulating the market order can avoid false publicity, fraud and unreasonable pricing, and protect the legitimate rights and interests of consumers.
Strengthen industry management: Regulating market order can strengthen industry management, improve industry standards and norms, and make the development of the industry more orderly and sustainable.
Enhance social trust: Regulating market order can enhance the integrity of enterprises and enterprises, and enhance social trust and stability.
In short, establishing and regulating market order is an important measure to promote economic development and social progress, and it is also an effective means to ensure fair competition, safeguard consumer rights and interests, strengthen industry management and enhance social trust.
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The significance of establishing and regulating market order is mainly reflected in the following aspects:
1.Maintain fair competition: Regulating market order can effectively avoid the emergence of unfair competition and illegal behavior, and ensure that the market is fair and fair.
2.Protect the rights and interests of consumers: Regulating the market order can protect the legitimate rights and interests of consumers and reduce fraud, false propaganda and other phenomena that infringe on the interests of consumers.
3.Improve market efficiency: Standardizing the market order can improve the efficiency of market operation, reduce transaction costs and risks, and enhance market attractiveness and competitiveness.
4.Guiding industrial development: Imitation and regulating the market order can provide a more stable and predictable environment for industrial development and promote the development of investment, innovation, and resource allocation.
In short, by establishing and standardizing the market order, we can not only improve the quality and efficiency of the market economy, but also provide the masses of the people with better conditions for production and survival, and promote social harmony, stability, and sustainable development.
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Good market order relies on open and transparent market rules to maintain. Market rules mainly include the principle of market access, the principle of market competition and the principle of market trading. The formation of a social credit system supported by morality and guaranteed by law is a fundamental policy for regulating market order.
The healthy development of the market economy requires the norms and guidance of law and morality. Every participant in economic activities should not only respect the law, study the law, abide by the law, and use the law, but also establish the concept of integrity and abide by market ethics.
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1.Implement a unified market access system.
2.Implement unified market supervision.
3.Market transactions must be voluntary, equal, fair, honest and trustworthy.
4.The healthy development of the market economy requires the norms and guidance of law and morality.
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First, a good market order depends on market rules to maintain; second, a social credit system supported by morality and guaranteed by law must be formed; third, participants in economic activities must study, understand, abide by, and use the law, so as to ensure that their economic activities conform to the norms of the law, and at the same time be able to use the law to safeguard their own rights and interests, establish a sense of integrity, and abide by market ethics.
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First of all, we must work on safety; The second is personnel dredging to ensure order; Finally, it gives customers a sense of security without surveillance.
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