Regulating Object Of China's Law On Anti-monopoly

In recent years, the research on anti-monopoly become one of the heated issues of law, the regulating object of law on anti-monopoly is the most important in the research on anti-monopoly. However, because of the differences of individual standpoints, there are different explanations on the theory of constructive opinions and views. Because we have different political system and national conditions, anti-monopoly law has different regulating objects , but not all monopoly action and monopoly structure should be the object of anti-monopoly law. We can not mechanically copy other country's style of legislation. Is monopolizes the behavior or the structure about our country's anti-monopoly, the theory has a lot dispute. This article start from the complex concept of monopoly, analyzes and obtains our country's anti-monopoly law should regulate the monopoly behavior not the monopoly structure, and first has solved struggle between the structuralism and the behaviorism. The full text divides seven parts:Part 1, simply introduced the argument of the regulating object of law on anti-monopoly and their opinions among the scholar, the anti-monopoly law draft, and official.Part 2, this part based on the economics, jurisprudence , positivism and national conditions to analyze the object of law on anti-monopoly, made a consequence that our country's regulating object is the monopoly action .From the historical process development of anti-monopoly I acquired regulating structure and regulating action used one by one;but from the trend ,most countries accepted regulating action. Based on our country's economy development special details, the scale small, the market concentration degree is low, lack of international competitive power and the essential of structuralism —regulation cost great, we obtain that our country's anti-monopoly should regulate the monopoly behavior.Part 3, is the key point of the article and needs more elaborate. The prohibition administration monopoly behavior, the prohibition union limit competition behavior, the control business combination and obtains to above each part of analyses, also is the rules and regulations object which our country's anti-monopoly law should establish. Finally,clear up the disputes of the regulating object law on anti-monopoly theory. Our country would set up market system , it must set up a system to protect it. Anti-monopoly law has some functions on fair playN order protection ^ efficient competition improvement. When we set up ((anti-monopoly law)) the first question is make sure the regulating object, and then make sure the anti-monopoly system, my essay's idea was based on this.