| China has set up the goal of primarily establishing the socialist market economic system in the year of 2010, and currently is at the stage of strengthening competition and making competition procedure in order. Unfortunately at present the competition circumstances in China are not well-ordered, and activities of jugulating competition, limiting competition and unfair competition occur from time to time. The paper aims to make people fully understand these abnormal competition activities, and suggest effective methods of it, on the purpose of promoting the sufficient development of competition in the market economy and forming satisfactory competition order. On the consideration of this purpose, this paper mainly adopts the research methods as follows:Firstly, comparison method. This paper compares the legal construction modules of competition order in different countries, and also does the comparison between domestic competition order and international competition order, on the main purpose of seeking their sameness, difference and their respective characters. Secondly, demonstration analysis method. This paper demonstrates the competition order conditions in China; analyzes its reasons and backgrounds, in order to deeply understand its nature and causations. Thus, general conclusions are made from abstract notions. This paper consists of three parts:The first part demonstrates the basic theories of competition order. First of all, the definition of competition order is set forth, and its characters are examined. It is believed hereby that the system of market economy is the logical premise of competition order which is neuter in character, and strong influences and functions to a certain degree are needed to form the competition order. Thus this process of forming competition order is quite unstable. Next, this paper pinpoints the very close relationship between competition order and establishing market system. Again, this paper examines how the competition order is formed. In theory, discussions and arguments about competition order occur continuously in the history, and in practice, different methods are carried out. Therefore, conclusions are made that application of law to govern the competition order is a relatively good method. The second part firstly examines the special experiences of legal system and construction of market economy in the United States, Germany and Japan, and thus some specific experiences are acquired. Furthermore, the special procedure of establishing legal construction of competition order in China is induced, and then the development of competition order are divided into our stages, that is, proposal stage, gradual development stage, general development stage and new challenging stage. In the end, the conditions and causations of competition order in China is analyzed. The third part is to make suggestions in detail, in accordance with the specific methods of competition order in overseas markets, on how to construct competition order in China by the main power of laws on the consideration of the actual local conditions in China. Firstly, it is required to execute the following activities: examining the scope of market competition again, reasonably determining the competitive fields, establishing open and unified domestic competition circumstances, and bringing the national competition order into the scope of international competition order. Next, it aims to consummate the legal system of competition itself. Two points are discussed in this section. One is to analyze how to consummate the legal system of competition including the competition law and the monopoly law; the other is to consummate the related affiliated legal system of the legal system of competition. Finally, the functions of the government as to the legal construction of competition order are set forth, especially on the functions of the assorted factors, for example, establishing and forming the science understanding and sense of competition order. In the end, the paper is ended by p...
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