Structuralism Or Behaviorism

The anti-monopoly law is the market economy countries' extremely important law,China should layout the law.This has become the mutual recognition of the economic law educational circle. However, many scholars advocate China's anti-monopoly law should choose the behaviorism legislation pattern,and abandon the structuralism one.Their major reasons are : US has adopted the Chicago school's competition theory, the behaviorism anti-monopoly law has been the development tendency all over the world . The structuralism legislation is disadvantageous for the enterprises to relize the scale economy and enhance economic efficiency . In China, enterises's scale is very small.The point and reasons are partial and exeme.The schlors who hold the point have much misunderstanding about China's anti-monopoly legislation.The logical beginning for China to choose choose the behaviorism legislation pattern and abandon the structuralism one is that the various states' anti-monopoly law can be dividen into above two kinds of legislation patterns by reasonable standard. Some schlors think there 3 kinds of division standards. They are that the legislation goal of anti-monopoly law,necessary constitution of illegal conduct and the way of the law to rule and regulate.Though they have some rationality in certain aspects,on the whole ,they need rationality and authority.They own exist intrinsic flaws ,morever they will show great one-sideness and fuzziness if they are used. Based on the standards in any kind ,it is impossible for all the states' anti-monopoly law to divide above kinds of legislation patterns clearly. If you divide the various states' anti-monopoly law by the different standards you will even draw the different conclusions.Inspecting every state' anti-monopoly law separately from the legislation goal of anti-monopoly law,necessary constitution of illegal conduct and the way of the law to rule and regulate,you can draw the t conclusion:it has never abandon the structuralism legislation,it is the organic entity of the structuralism legislation and behaviorism legislation. The legislation goal of anti-monopoly law is the multiplication—not only punlishing the anti-competition behavior enhancing economic efficiency,but also establishing and maintaining overall social benefit and so on. Anti-monopoly law directly or indirectly rules and regulates monopoly structure. It still remains structuralism way torule and regulate ,even it is more strengthened in some aspects then before.The implementation of no state' anti-monopoly law abandons the structuralism. Both US and European Union are still earring on monitoring business combination. South Korea and Japan have reconsidered profoundly that before they did not implement the anti-monopoly law fully.And they are taking measures to strengthen implement of the law unceasingly.The competition theory of Chicago school has a lot of shortcomings, so it has affected on anti-monopoly law very slightly in the world and it dosen't fit China. Enterises's scale does NOT mean scale economy and relizezation of scale economy decides on many requirements.In fact, scale economy's function is also very limited. China should draw distillate of anti-monopoly law of every state and every competition theory, merge the status and tendency of its economic development and choose the anti-monopoly legislation patteren that can organize the structuralism and behaviorism orderly.