| With the enhancement of international economy integration, international capital infiltration and mutual remedy gets a higher level, industrial division and resources deposing excellntly is revealed. As a big country which owns the largest population and resources, China possesses huge latent market. China will be a member of WTO soon, so we must develop our industrial economy on condition that we must obey the "game regulation" of WTO, the most important aspect of which is that we must perfect and strengthen our understanding of the regulations of WTO. And according to the regulation of WTO, we should use the advanced legislative experience and model of the other countries reference to determine the law of foreign capital and industrial policy which must accord with the regulations of WTO, to protect market economic order and establish good competitive environment.As the most important main body in the competition law, transnational corporation plays a decisive role in the world capital market. According to incomplete statistics, transnational corporations own about 75% of the direct or indirect transnational investment. The trar~national investment of transnational corporation which is done by the way of establishing. controlling the stock, merger and acquisition, affects directly ot indirectly the industrial economic structure of a country, even the whole world, and the political system. Moreover, In order to get the maximum profit, some transnational corporations evade the law of the country which owns the right of supervision, and are engaged in monopolization, restricting competition or competing illegitimately by way of evading and abusing its superior position, so that the just principle of economic order is destroyed, and they bring great loss to the host country and its own country, and unnecessary cost is raised. Clearly it's of great importance that we carry out the research on the legal problem of transnational corporation especially or its abusing the superior position. and that we probe and establish the regulation to the activities of the transnational corporation.With Transnational corporation getting into china in various way, new technology and new means of production are introduced, millions of jobs are provided, but we are short of valid control system which accords with international standard, the foreign companies will3monopolize some trades in our country by way of cartel or merger and acquisition. China will enter a new economic system which is directed by market, but we have no complete protection for competition, in another word, there are no regulations for forbidding cartel monopolization scale or anti-action competition, purchase and sale agreement of mergering restricted commodity and service. In the process of order economy transiting into market economy, there are no enough regulations for protecting market economic mechanism. By ways of comparative research law and positive analysis law, mordern laws and regulations in the western developed countries will be compared and analysed, then according to legislation of some advanced countries, substantive demonstration and summary will be underway, so will be the opinions and countermeasures for supervading and control transnational corporation abusing superior position.From ((European Union competition law)).. ((Anti~restrictive competition law)).. in German and ((Impartial trade law)) in Britain, we can see that there are two kinds of abusing of superior position which restricts competition. The first is abusing market dominant position, the second is abusing the advantages in the transaction, the essential factors of the former consist of market dominant position, abusing action, the damage to effective competition and public benefit. The essential factors of the latter refers to the companies that occupy the dominant position in transaction, abusing action and the fact of the damage to effective competition. From the constitute, we can find that there is no much difference in action and fact. Excep...
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