Research On Identity Of Competition Law From Perspective Of Legal Culture

After the "Anti-monopoly Law" was promulgated,the system of the competition law in China has been basically set up.But,it will be subject to enormous obstacles in the process of the implementation,because that,it is the product of leading set of legislature,the political and economic reform during the period of transformation is extremely complicated,the factors of the traditional legal culture have tremendous inertia, and the thinking mode of legal universalism has tremendous impact on the legal transplantation.In particular,because of difficult production of the implementation details of the "Anti-monopoly Law",people have more concerns of the effect of its transplantation and implementation.The implementation of the competition law is so difficult,it is far from enough to meet the needs of the regulation of the monopolies and unfair competitions in China's booming development of market economy.In this regard, many scholars,at home and abroad,take the same view without prior consultation that it may well be a practical way to solve the problem through the ways of the competition culture or the competition legal culture.However,majority of scholars are cited instead of hair,lack of specific,in-depth and systematic study on such problems,for example, such as what about the mechanisms among the above-mentioned legal culture factors, transplantation,and the implementation of competition law,how to achieve the effect of the mechanisms,and so on.It is not only an ambitious subject,but also a great theoretical and practical significance subject that the article explores the effect of the transplantation and the implementation of competition law from perspective of legal culture.In the background above-mentioned,this article has selected the main forces of the construction and implementation of competition law,that is,the subjective psychological field for the public identity of the competition law,studied the relationship between it and the effect of the construction of the competition law and implementation of the competition law,and had a Specific and in-depth discussion about this from the perspective of the legal culture.This article holds that,the identity of the competition law is a positive evaluation of the competition law,as the rules and systems about activities of the relational body in the market competition,made by the social community members based on their rational and practical experience,in the activities relating to market competition.And a subjective process of the members who regulate their own behavior consciously to the rules and the spirit of competition law so that their hearts in line with their activities.And it has four basic legal functions,that is,supporting function,the evaluation function,the integration function and command function.And the negative factors of traditional legal culture and the absolutely universal mode of thinking about the western legal culture resolve the public identity of the competition law in the process of the transplantation and operation of the competition law.From the perspective of legal culture,in order to achieve the public identity of the competition law,it is necessary to for us to integrate the value of the Chinese legal culture and the western legal culture which are in conflict based on the transition in the way of thinking,and use it as a guide, and enhance the effect of the competition law through the specific ways to achieve public recognition of the competition law,such as the shape of the main body having knowledge and rationality,the participation regarding the interest in the legal operation, the transition of the way of legal popularization in the country,the highlight of the functions of the public sphere,and so on.Aparting from the introduction and conclusion,the article is divided into three parts.Part 1 mainly explains the basic legal principles of the identity of the competition law.First of all,it defines the concept of legal identity by combing the literature.On the basis of this,it explores the basic content of the identity of the competition law,such as theconcept,the basic characteristics and the major classifications in detail.Secondly,it has an analysis of four basic legal functions of the identity of the competition law,that is, supporting function,the evaluation function,the integration function and command function.The theoretical exploration of this section aims to provide the logical starting point for the later discussion.Part 2 has an analysis of the dilemma about the identity of the competition law.First of all,it has an analysis of the traditional legal culture,and points out that it still has tremendous inertia in modern days,and deeply dissolves the public identity of the competition.Secondly,it has an analysis of the legal background of western competition law,and points out that absolutely universal mode of thinking had negative impacts on the transplant of the competition law and the people's identity of the competition law.Part 3 explores the path of recognition of the identity of the competition law in three aspects,such as the transformation of the thinking mode,the integration of the values, the practical ways of realization,and so on.Firstly,it explores the ways of the resolution of the dilemma about the identity of the competition law from the perspective of the concept,and points out that we should have a transition about the way of thinking,that is, from subject-object dichotomy to inter-subjectivity.On the basis of this,we should have a integration of the value of the Chinese legal culture and the western legal culture,that is, realize the creative conversion about the spirit of traditional legal culture of China and the localization of the western legal culture,in order to form a scientific value system as the guideline of operation of the competition law.Secondly,on the basis of the discussion above,it explores practical ways of recognition of the identity of the competition law,mainly including the four aspects,such as the shape of the main body having knowledge and rationality,the participation regarding the interest in the legal operation,the transition of the way of legal popularization in the country,the highlight of the functions of the public sphere,and so on.