Studies On The Basic Categories Of Competition Law

Basic category is a fundamental concept that abstracts and generalizes the essence and relationship of its major object, with the background of the existence of general phenomenon in the studied field. The important task of the study of theories is to extract and explain basic category. Due to the actuality of unsystematic research in Chinese competition law, this paper tries to discuss the constitution of the basic category system of the competition law in terms of semantic analysis and comparative analysis. It begins with concluding and using the method of constitution of the philosophical category, and then deduces the basic means of the constitution of jurisprudential category system. Simultaneously it fuses the character of jurisprudence, explores the practice of jurisprudence, and reflects the nature of legal phenomenon. According to the above-mentioned means, the basic category that this paper extracts is: the market, the competition, and the monopoly. Furthermore, this paper analyzes the level and relationship of the market, competition and monopoly within the system of basic category of competition law. Namely, market is the first basic category; competition is the second basic category; and monopoly is the third one. Then this paper compares and studies the definition of market, competition and monopoly by disciplines of jurisprudence, economics, etc, from whichadopts some reasonable and instructive viewpoints. Next, it concludesand analyzes the definition, elements and classification of the market, competition, and monopoly one by one from the perspective of competition law. It reviews relative legislation and furthermore ascertains the intension and extension of the market, competition and monopoly in order to educe an accurate category of the competition law. Finally, it offers some advices and ideas to legislation of Chinese competition law.