Study On Antimonopoly Legislation

With the developing of our market economy, the competition of business enterprise are more and more vigorous, especially after enjoining the WTO. Standsopposite the order competition--the monopoly is criticized and concerned moreand more strongly by many people, "administrative monopoly" , "abuse ofdominance" and "limiting or expelling the fair competition"......have become amalignant tumor that seriously harm the coordinated development of the socialist market economy and the seedbed that breeds the political and economic corruption. There are varieties of reasons for monopoly. 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 ,profession section and several big business enterprises abuse the administrative power, limiting or expelling the fair competition. Numerous business enterprises feel it difficult to speak their minds or dare not speak out. Thus, the rights of consumers are injured hardly, the development of national economy loses its balance seriously, which of course destroys the establishment and perfection of a unified big market. 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.First, the author makes a rational analysis and describe on the monopoly of CAOSC, thus point out the necessity of the antimonopoly legislation in China. Second, from 3 aspects: the time of the antimonopoly legislation in China; whether the administrative monopoly should adjusted by antimonopoly law; whether the antimonopoly law objects the scale economy, the author makes a brief introduction of varieties of scholarship standpoint on the antimonopoly legislation in China. Then, from the example of the monopoly of CAOSC, the way of the foreignantimonopoly and the need of our economic constitution, the author wants to further highlight the shortage of the current situation the necessity and urgency of the antimonopoly legislation in China. Third, the author makes a rational expatiate on the principle of the antimonopoly legislation in China: must not only consider the state of the nation but also adopt the experience of the foreign country; dissolve the administrative monopoly should be a highlight; must enhance the rules of the monopoly- behavior not the monopoly-construction, must have the area of the apply excepted. At last, with the example of the monopoly of CAOSC, the author expatiates how to handle the problem of the antimonopoly legislation in China, this is the main part of this paper. First of all, the author emphasizes that China's antimonopoly legislation should establish a complete legal system and an independent organization. At the same time, the author introduces the standpoint himself how to establish the antimonopoly-organization .In the following , the author takes some advices for antimonopoly legislation in china on "law enforcement authority", "international cooperation" , "foreign capital annex" etc, and hopes the Antimonopoly Law appropriates strict and run before...