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The Value Aim Of Antimonopoly Law And Its Embodiment

Posted on:2007-10-08Degree:MasterType:Thesis
Country:ChinaCandidate:P ZhouFull Text:PDF
GTID:2166360185480894Subject:Economic Law
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The value aim of antimonopoly law is an important issue in the field of antimonopoly law. Only when antimonopoly law conforms with the direction of value aim under certain social history conditions, can some specific systems be formulated and be put in practice. At present, more than 100 countries have established antimonopoly law, and each of them emphasized the protection of free competition and consumers'right and interests. Monopoly is the archenemy of competition and market, and national economy will be damaged by it ultimately, but consumers are direct receivers. Therefore, antimonopoly law prohibits anti-competition behaviors that impede consumers to affect markets, and protects legal right and interests of consumers by insuring free competition.In my opinion, value aim of antimonopoly law is multiple and hierarchical, and maintenance of free competition and protection of consumers'legal right and interests are emphasized particularly. On the basis of these, it is further pointed out that maintenance of free competition is an instrumental value aim and protection of consumers'legal right and interests is an ultimate value aim. By vindicating competition mechanism, products quality is improved, market prices are reduced, more products are provided for consumers to choose, and supply of commodity or services is improved indirectly. In this way, consumers'right and interests are protected ultimately. According to the instruction of these value aims, antimonopoly law has some specific embodiments in legislation items, execution law and justice practices. Making a comprehensive view of antimonopoly law of every country in the world, it is a common occurrence in legislation items for the value aims of antimonopoly law to vindicate free competition prominently and protect consumer's right and interests ultimately. However, these observations are not enough for us to study, much attention should be paid to see whether this pursue of value aims accord with the importance of free competition, especially consumers'right and interests endowed by execution law and justice practice of antimonopoly law in fact. Having made a definition of value aims of antimonopoly law and analyzed its embodiment in the legislation, execution law and judicial cases of antimonopoly law are primarily used to discuss specific embodiment of value aims of antimonopoly law in the execution law and justice.
Keywords/Search Tags:antimonopoly law, value aim, free competition, consumers'right and interests
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