On Workable Competition And The Improvement Of China's Competition Legislation

Competition is the key value of the market-oriented economy.By contrasting and analyzing various theories on competition in economics,"the theory of workable competition" is more scientific in theory and more operative in practice.It fits the China's actual condition which is the ideal mode that the China's anti-monopoly law pursues in the market economy.However,it is shown that monopoly is inevitable within the market economy law.As a result,competition is to be nipped and the market mechanism destroyed,market tends to negate itself.Therefore,it is certain to make antitrust law for it can regulate monopoly and maintain competition.The direction of the reform of China's market economy results in the necessity of the drawing-up of competition law.In this paper,the theoretical basis of effective competition,on the competition law,in particular,to improve anti-monopoly law.China's market economy development of the competition legislation has an urgent requirement.China's competition law should be enacted on the basis of contrasting the advanced foreign legislation,drawing their good experience and linking with the China's actual condition.Competition law includes anti-trust and anti-unfair competition law.The main anti-monopoly law is a competitive market structure,are against monopoly,against the restrictions on competition,against the abuse of market dominant position in order to protect the operator in the market right to freedom of activities to remove barriers to market entry.The establishment of a workable competitive market structure mainly relies on the anti-monopoly law. Therefore,this paper on improving the legislation on competition mainly focuses on the improvement of anti-monopoly law.The anti-monopoly law should face up to the diversity of the economic structure and the variety of the economic components;China's anti-monopoly law should start with the generalities of the economic and Administrative monopoly,giving both of them a unified regulation.In order to establish an open,competitive and unified national market and to make the socialist market economy in an orderly and healthy development,a reasonable competition policy and the legal system of protection of competition needs to be formulated.Workable competition theory provides a theoretical foundation with the improvement of the competition legislation and has a practical significance and maneuverability.