A Research On The Anti-monopoly Law Of China

With the further development of china market economy and the final fulfillment of it entering WTO, monopoly is becoming a highlighting problem, and the legislation of anti-monopoly is absolutely inevitable in China. Looking over the studies, though many researches have been made on monopoly and competition, it is still difficult to achieve agreements because of viewpoint differences. This article is an attempt to study anti-monopoly law. Through the research on prime problem, the author hopes it will be valuable for anti-monopoly legislation and judicature . This article first makes four illustrations on monopoly from economic angle, then, it elaborates the scholars' understanding to the rationality of monopoly. On this foundation, the basic concepts and relations of monopoly are defined from legal angle. It's proposed that china anti-monopoly law be a combination of anti-monopoly law and anti-restrictive competition law.Secondly, through the interpretation to the anti-monopoly law's value and foreign anti-monopoly practices, this article constructs the basic values and specific values of china anti-monopoly law. Besides, it illustrates how to achieve all the value goals.Thirdly, the system tree of anti-monopoly law is discussed from legislative angle. As to the subject system, it should not be limited by behavior subjects, but include all subjects that destroy or restrain competition. As to the behavior system, except for the four traditional methods and processes on controlling monopoly, it should contain administrative monopoly. On the liability system, after inspecting various countries' legislation, the liabilities of market subject and administrative subject are designed.Finally, the author proposes the basic process of anti-monopoly law: in legislation, behaviorism should be adopted; in law enforcement, flexible structure should be constructed; in judicature , the method of economic analysis should be introduced for overcoming the uncertainty.