| Taking a broad view of the economic development in China, the administrative monopoly strongly criticized by many scholars has become a malignant tumor that seriously harms the coordinated development of the socialist market economy and the seedbed that breeds the political and economic corruption. There are varieties of reasons for administrative corruption. Although rich in variety, according to its motive, it is to pursue direct or indirect economic benefits. Under the drive of this kind of benefits, each local government and its sections abuse the administrative power, limiting or expelling the fair competition. Then self-partition is formed. They fall into a strongly fortified situation. Numerous business enterprises feel it difficult to speak their minds or dare not speak out. Thus, the development of national economy loses its balance seriously, which of course destroys the establishment and perfection of a unified big market.Meanwhile, the phenomena of economic monopoly have also had a negative impact on the ordered development of our market economy. Firstly, it can produce the market influence. The market influence refers to the business enterprises that obtain the domination position. Sometimes many competitors exist in a market, but compared to other competitors, a big business enterprise or several big business enterprises where no competition exists among them occupy the absolute competition advantage. Such a market substantially has no competition. On this kind of market without competition, lots of enterprises dream of taking advantage of others' work and enjoying the benefits alone, but if our market economy develops in this way, does transformation haveany meaning? Secondly, the market price can easily be monopolized. Since the socialist market economy is a market economy, it then by all means makes the price mechanism serve as a basic measure to conduct and regulate the production and install the resources. That is to say, price competition is an important way to compete on the socialist market. But, if business enterprises once acquire the domination position on the market, they will not endure the competition pressure. Under the drive of the motive for earning more money, these business enterprises will not lower the product's price, but even limit the price exceeding the actual cost. In addition, for the sake of controlling the market and monopolizing high price, the monopolistic business enterprises may lower the output and reduce the supply to the market. Therefore in the circumstances, releasing the price can't make consumers get the real benefit. Not only does the business enterprises' raising the price injure the consumer' s benefits, but also many people wrongly think of the market economy as an economy where the price can be raised freely. Then it breaks the good reputation of the socialist market economy. Under such a grim situation, it has become the common aspiration of people and the general trend of development to formulate and promulgate the antimonopoly law and regulate the economic order of the socialist market as soon as possible.This paper takes the antimonopoly legislation in China as the study subject and makes preliminary discussions on the issue in the following 4 parts:Part I makes a rational analysis on the basic theories of the antimonopoly law in general terms. In this part, the author mainly introduces the definitions of monopoly and the antimonopoly law as well as the regulation scope of the antimonopoly laws in the United States, Britain, Germany and Japan. According to the author' s opinions, as the"Economic Constitution" , the anti-monopoly law has the features of public law and private law and it is also the fundamental part of the economic laws at the same time. At the end of this part, the author simply analyzes the relationship between the antimonopoly law and the anti-unfair competition law and points out that they are two different legal systems.Party II makes a brief introduction of the forming modes and historical background...
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