A General Theoratical Study Of China's Antitrust Law

Competition is the key value of the market-oriented economy By contrasting and analyzing vanous theories on competition in economics, "the theory of workable competition" is more scientific in theory and more operative in practice It fits the China's actual condition which is the ideal mode that the China's antitrust law pursue in the market economy However, it is shown that monopoly is inevitable within the market economy law As a result, competition is to be nipped and the market mechanism destroyed, market tends to negate itself Therefore, it is certain to make antitrust law for it can regulate monopoly and maintain competition The direction of the reform of China's market economy results in the necessity of the drawing-up of antitrust lawChina's antitrust law should be enacted on the basis of contrasting the advanced foreign legislation, drawing their good experience and linking with the China's actual condition The antitrust law should face up to the diversity of the economic structure and the variety of the economic components, it also faces the trend of the equality of the pnncipal part in market and the integrity of competition It should seek an overall the immunity of the special trades The law should sense the pressure for survival of the internal naive trades but also accord with the general principle of the international transaction China's antitrust law should start with the generalities of the economic and administrative monopoly, giving both of them a unified regulationTo guarantee the China's antitrust law to be in the light of the internal conditions, keep up with the world trends and truly play a big role, in general, the antitrust law should be moderate in both legislation and enforcement Namely, the range of regulation should be wide and the means of control should be various The law is a combination of structurahsm and behaviorism, a unification of severity and mildness It should follow the principle of separation and balance of the power Meanwhile, the antitrust law enforcement agencies should be endowed with full powers Only in this way can the China's antitrust law be enacted in a scientific way and operate effectively...