Research On The Anti-monopoly Law From The Views Of Law And Economics

"Antimonopoly law" has the reputation of being " economy constitution" in the Western countries, but it is just beginning to emerge in China as a legal system . In order to preventing and stopping the monopoly behavior, protecting the fair market competition, raising the economic operational efficiency, safeguarding the Consumer interests and the Public interests , promoting the sound development of the socialist market economy, our country has formally published "Antimonopoly law"of the People's Republic of China" in August 2007,and formally imposed on August 1st 2008.It is very important and necessary to research and study the problem of "Antimonopoly law " either in theory or in practice at the background of just starting to impose this law in our country. Theoretically the economic laws is a important legal system of a state intervening the market economy. Among the economic laws the key part is the legal system of antimonopoly. At present the imposing "Antimonopoly law " just in a early stage in our country. It is necessary for us to carefully study the related theory of this legal system and to analysis the current situation of legal construction and the possible direction of future developments. These research and study have the great significance in promote and perfect the whole legal systems development and economic jurisprudence in our country. Our country has its own specific conditions in practice. It is impracticable to simply mechanical application the foreign antimonopoly legal system. This require us to study deeply the implementation mechanism of antimonopoly law and try our best to design a reasonable operational mechanisms which is suit the specific conditions of our country. Therefore this article mainly make the economic analysis to monopoly and antimonopoly, approach the significance of implementation and insufficiency of possible exist, to make the proposal for future improvement and development to "Antimonopoly law " on the basis of its enacted legislation, from the economics point of view and actual situation of China meanwhile learning the international successful experience.First I expatiated the meaning and the purpose of the writing from the documents available, analysis the meaning between competition and monopoly from the direction of economics , interpreted some characteristic of competition and monopoly market structure, as well as the three reasons which creating the monopoly: resources monopoly, government creating monopoly, nature monopoly. Then I emphases elaborates on the twoness relation between monopoly and commercial efficiency, analysis the negative impact by monopoly to commercial efficiency from the direction of neoclassical economics and welfare economics, also discussed the positive impact by monopoly to commercial efficiency using the theory of scale economy, "creativity destroy" of Schumpeter, the viewpoint of Marxist economist Hilferding.The third part of the article make analysis carefully and in great detail to antimonopoly law by the economic theory. It discussed the importance of economics analysis to antimonopoly law in lawmaking and executing. according the twoness action of monopoly and commercial efficiency it point out in the antimonopoly lawmaking commercial efficiency should be the value aim, and from the four direction of basic aim, tenet, law enforcement part and procedures to analysis the perform function of antimonopoly law .The fourth part of the article discussed the significance and deficiency existing in perform of antimonopoly law .It point out that antimonopoly law can ensure free competition function of market economy, promote social welfare, safeguard the public interest, protect the lawful rights and interests of the consumer. In keeping with the growing requirements of the internationalization , perfecting our socialism market economy law system. Meanwhile it point out the hard breakthrough problems by administration monopoly, and the challenges in perform of antimonopoly law from the law enforcement direction.At the last part the article make a international comparison, analyzing the important difference in producing method and system organizing of two kind antimonopoly laws by endophytism and exogenous. On this basis it point out that it should well handle the relation between antimonopoly and over competition in future development of antimonopoly law as well as to pay great attention to the applicable problem abroad.