Competition Justice Study

It's a very important work for law ethics scholars to find out the rationality of legislative rights. We research the justice of anti-monopoly law through comparing the anti-monopoly theories between US and China. In this research, we also were involving in the concrete problems related to China anti-monopoly law. The research covers the issues that what is economical ethics groundwork of the anti-monopoly law, what the ethical value behind the law is and how to realize the justice in commercial competition. We try to come up with the conclusion that:1. anti-monopoly law is based on the competitive justice;2. the law protect the priority of free trade;3. it's crucial to clarify the roles of individual, market and country in market mechanism when we realize the justice of the law.The issue of whether the anti-monopoly law is right has been highly and widely concerned since it was legislated. Firstly, the concept of anti-monopoly and its border are ambiguous. It's important for practicing the law to clarify its applicable scope. Secondly, the anti-monopoly law always goes with economy theories. With the development of economy theories, many anti-monopoly theories which was regarded as being truth are currently proved false in some degree. The anti-monopoly theories related with the economy theories may have to make adjustments accordingly. Currently, most of the countries with anti-monopoly law legislations have varieties of destinations. How we could do to coordinate their interests when their destinations conflict each other? Some scholars believe it's necessary to government to interfere in the market if the market becomes dysfunctional. But there are always debatable to allow government to involve in market directly.We come up with the ideas that competition reflects the spirit of anti-monopoly law and competitive justice is the ethics foundation of the law. Free and fair are the essential concepts in realizing the justice of anti-monopoly law as the core spirits in justice theories. It's prior to protect the free trade in market mechanism. The anti-monopoly law should make its promise come true that it will protect the fair competition. Or, it will make negative effects to market mechanism. The free trade concept will be the premier one in all the values that the law goes after. It's the elementary goal to break the administration monopoly, maintain the free trade and guarantee the equality of all market competitors in our country's process of being against monopoly. We have to emphasize that any competitor can not hurt others'interests and the rights of free trade. The law will play the role according to the basic market principles and rules. We should respect the economy theories when we take use of the law. Or, the government dysfunction could be taken place. For our country, it's also very crucial to cultivate competition culture because it will affect the social altitude to competition and anti-monopoly law as well.