Research About Laws Of Anti-monopoly Of China

Anti-monopoly law is the basis of modern market economy and core of economic law. With the development of socialism market economy, especially after enjoining the WTO, the competition of business enterprise becomes more and more acute. Simultaneously, the monopoly is concerned by more and more people. However, China does not have a unified anti-monopoly law at the moment, relevant provisions are scattered through the Law against Unfair Competition, Price Law, Bid and Tender Law and other department rules. In the author's view, most of the regulations were issued by the State Council, or its ministries or commissions, and lacked legal authority. Some regulations did not contain provisions on legal responsibility and lacked operational clout. Furthermore, anti-monopoly policing, in China often involves large enterprises and governments, which demands that anti-monopoly law enforcers possess sufficient independence and authority. The study is just set up to work out a solution of such problem. It is expected to promote the legislation of anti-monopoly law and improve economic law system. The paper contains four parts. In part 1 ,the necessity of making Anti-monopoly Law is probed. As a conclusion the author hold that Anti-monopoly law should be make at an early date. In part 2, the author will explore the mode of regulation .In the author's view, China should mainly adopt the behaviorism, in the meanwhile adopt the element of structurism. In part 3 ,the paper probes into the monopoly of government ,which is an outstanding problem in China and have strongly hindered the development of socialism market economy. In part 4, the author make a thorough investigation and study in monopoly problem owing to the abuse of intellectual property . In author's view, China should coneiliate the relation between intellectual property law and anti-monopoly law, the monopolistic rights of intellectual property shall be restricted by anti-monopoly law. Meanwhile, the anti-monopoly law should take rigid precautions against the abuse of intellectual property.