On The Law Of Anti-Monopolize Of China

China is a developing country, which has newly built market economy, and now it is key time of transferring to market economy system. The construction of legal system is necessary for building and maintaining new economic order. In the modern market economy system, there is no pure laissez-faire economy or pure national planned direction. The double coordination of market mechanism and national intervention is the essential requirement of modem market economy system. It is composed of four parts, healthy market, free enterprise, fair competition and proper national intervention. Therefore, developing those four parts is indispensable for the new economic order. Anti-monopoly law, as a legal means of national intervention, is functioning to guarantee free enterprise, healthy market and effective competition.Anti-monopoly law is aimed to standardize monopoly and limit competition. First of all, it can crack down monopoly and relevant anti-competition acts. In China, there is a tendency of growing economic and administrative monopoly, which surely harm market and competition. Only those legal items of anti-monopoly law can forbid the monopoly and competition-limiting acts. Secondly, ft can prevent monopoly. Thirdly, it cam standardize competition-limiting acts. The existing competition-limiting acts can nearly compare to the developed countries in either kinds or quantity, so fighting against competition-limiting acts is part of anti-monopoly law.Anti-monopoly law can help build and maintain market economic order. Where there is market economy, there needs anti-monopoly law. The statements of "economic development level" and "scale economy" cannot pose as the reasons of not making anti-monopoly law. In fact, the difficulty now is not that the economic development level is too low or the average scale of enterprises is too small, but liesin the national economic and political systems. We can see the necessity of making anti-monopoly law from the needs of building and maintaining market economic order.With the deepening of opening up policy, lots of foreign products will enter the domestic market and compete with China's enterprises and products. Therefore, formulating anti-monopoly law can make China adapt itself to world economy to meet the demands of carrying out all-around opening-up policy and entering WTO. Only when China has established market economy-oriented legal system and the system protecting fair inter-enterprise competition, it can truly push forward the construction of socialist market economy system.Anti-monopoly law is the fundamental lav* of the legal system in market-economy countries. It is called the great charter of free enterprises in the United States, and the core of economic laws in Japan. Anti-monopoly law is the basic rule about market competition, which is the essential means of distributing social resources and developing national economy and determines improving socialist market economy system, therefore, among various laws in China's market economy, anti-monopoly law dominates a very important position.There are 4 main tasks in making anti-monopoly law, i. e. forbidding the government and its departments to abuse its administrative power to limit competition; forbidding horizontal and vertical treaties which seriously limit competition; controlling enterprises mergence and forbidding to abuse market advantages. This article researches the relationship of our country's scale economy and anti-monopoly law, and the relationship between administrative monopoly and anti-monopoly law. It reveals the present condition and existing problems in anti-monopoly field; at the same time it puts forwards that strengthening the renovation of administrative monopoly is the key point of China's anti-monopoly law at the present stage.