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Analysis On Legal Reflection Of Anti-monopoly Composite Legal Relationship On The Condition Of Empirical Context

Posted on:2013-01-22Degree:DoctorType:Dissertation
Country:ChinaCandidate:Y N WangFull Text:PDF
GTID:1116330371479142Subject:Legal theory
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China anti-monopoly law is confronted with the issue how to transform searchingcontext from external justification to internal justification, based on the importance inanti-monopoly research through confirming specific value analysis context ofsubstantive justice and emphasizing economic analysis technique of efficiencyprinciple. It is so essential to explore internal justification and legal basis of the legalnature of anti-monopoly law in the empirical analysis of context. However, only in thelegal relation, law can achieve real motion. Empirical analysis of context which haslogic reduction characteristics deems restoring its reality only to put concept into theform of legal relation. Meanwhile, for the sake of justification of the legal nature ofanti-monopoly law and the searching for practicing logical basis of anti-monopolylegality, but based on empirical analysis of context, it needs the aid of its unique ofcomposite legal relationship to achieve the transformation from external justification tointernal justification, which can resolve the special language symbol and logicprinciple system problems coming from anti-monopoly law acting as composite legalrelationship, legal category system and multiple dynamic applicable mechanism.Eventually it could achieve the aim that the internal justifications of the legal nature ofanti-monopoly law that has maneuverability. It aims to improve the diversity of oursearching context on anti-monopoly law, enhance the anti-monopoly law deficiencyfrom value analysis context and interdisciplinary studies so as to try to propose aanalysis empirical frame regarding anti-monopoly composite legal relationship,holding internal link between monopoly control and market economic system moreprofoundly and systematically so that China's anti-monopoly law would meetlong-term of requirement in the process of the development of our socialist marketeconomy, then play the role of anti-monopoly law in further step, though which achieve economy improvement and maximize the law function of political democracyand human civilization. Based on above-mentioned, this paper is divided into 4chapters.Chapter one discourses the transformation of anti-monopoly law context-fromexternal justification to internal justification. Both the value analysis research andacknowledge of cross subject or interdisciplinary belongs to specific use of valueanalysis context, which can be classified into external justification path of legal natureof anti-monopoly law. In fact understanding and expression of anti-monopoly lawsystem have the other more internal and pure context-empirical analysis of context.From the empirical analysis of context, anti-monopoly law act as an especially kindexpression system and action rule system of value idea, moreover, it also acts as aseries of special language symbol and logic principle system regarding anti-monopolycompound law relation, legal category system and multiple dynamic applicablemechanisms.Chapter two discourses"the composite character of the anti-monopoly law".Analytical-positivist jurisprudence assumes that legal relationship is an organicentirety with composite structure, from which refines four pairs of concept like"right-obligation". Analysis of complex law concept and legal relationship can be doneunder different matches. Legal relationship of anti-monopoly law also presents thecomposite states of diversifications, which differs from the binaries of the other twolegal relations and form the countering relations in law. From the view of structure ofinternal relations, relations of the anti-monopoly composite legal relationshippossesses legal counter relationship between structure of"right-no responsibility"or"responsibility-no obligation"and structure of"right-no obligation"or"obligation-noright". In addition, both of them are interrelated and inseparable in the anti-monopolylegal system and its practice.Chapter three discourses that"linguistic analysis on anti-monopoly compositelegal relationship"The concept of anti-monopoly law possesses both characteristics ofnominalization and verbalization, which determines the collectively conceptualcharacteristics that consist of anti-monopoly composite legal knowledge and logic. Asa result, as the anti-monopoly legal concept possesses with the characteristic ofnominalization and verbalization, of which the style of definition shall bere-considered and worked out; meanwhile, under the process of conjunctions, compound sentences integrate various simple sentences like declarative, imperativeetc.; linguistically and logically produce a collective and composite effect which is farmore beyond simply total sum of them; thus, anti-monopoly composite legalrelationship can only base on linguistics.Chapter four discourses that"application mechanism of anti-monopoly compositelegal relationship". The legal system of anti-monopoly composite legal relationshipwith the nature of composition and gradation and its internal structure determines itsmulti-application mechanism; however, open nature of non-formal logic, nature ofdiscuss and game core can support the application of anti-monopoly composite legalrelationship logically. Multi-dynamic and legal application of anti-monopolycomposite legal relationship fully represents the characteristic that program contentand entity content of anti-monopoly can combine, which profoundly implicate theself-selection value to the rules of conduct and dispute resolution mechanism frommain part of anti-monopoly composite legal relationship.Confronted with any legal system is the theoretical presupposition that fact, valueand logic are trinity, on the process of internal justification that anti-monopoly is sucha special legal property of system of action, rule and knowledge, the paper realize thatthe legal relationship of anti-monopoly law is a composite relationship which is subjectto the counter relationship in law; anti-monopoly law is a verb (a kind of collectivenoun) and knowledge system formed by collective concept and composite conditionalsentences. Anti-monopoly composite law is applicable to the multi-dynamic legaldemonstration that is suitable for non-formal logic.
Keywords/Search Tags:Analytical-positivist jurisprudence, anti-monopoly, composite legal relationship, legal reflection, internal justification
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