Research On The TRIMs And The Anti-monopoly Law For China

The rapid development of FDI and science& technology has deeply influenced the world economies. More and more countries and economic regions have been involving in the process of globalisation. The trans-national mobility of productive factors is creating strong incentives in stimulating the resource allocation much widely. And the world needs international rules to coordinate the FDI and decrease capital transference obstacles. It has already attracted the big concerns of the international and regional economic organizations. In this way, the "Agreement on Trade Related to Investment Measures"(TRIMs) made by WTO, is a significant advancement in the multilateral trade system.After the entry to WTO, we must revise and perfect related foreign investing legislation according to the "Agreement on Trade Related to Investment Measures". In addition, with the more perfect of national investing environment, the related laws have already lagged behind the present. In this background, "anti-monopoly law" which has not been published yet has great significance. So the research to national anti-monopoly legislation according to the "Agreement on Trade Related to Investment Measures" is very realistic and urgent.At present, we should make full use of foreign investment on one hand. On the other hand, we should make some restriction to it, too. Only by this, we can avoid the invading of the multinational companies to the native market, and the over-monopoly. So we must obey the rules of the "Agreement on Trade Related to Investment Measures" and seek effective joint points of encouraging and restricting of foreign investment policies. It's just the core of this article.Chapter 1 emphasized the significance, purpose and innovative part of this thesis. Chapter 2 analyzed the production and content of the "Agreement on Trade Related to Investment Measures", concluded its effect to the introducing foreign investment, and then speculated its developing tendency. In chapter 3, I firstly analysed the development of native FDI, then by use of theoretical and empirical methods, made the research of native FDI and market concentration effect, and concluded that FDI is speeding native market concentration and market monopoly risk is taking on. In chapter 4,I analysed the monopolization of multinational companies, pointed out thatthere is not enough restricting measures against it, and then put forward the necessity of native anti-monopoly legislation. In chapter 5, the suggestion to native anti-monopoly legislation is brought forward on the mutual coordination of the native "anti-monopoly law" and the "Agreement on Trade Related to Investment Measures".