A Study Of Anti-monopoly Law In The View Of Political Freedom

There are a series of analysis and research on the objectives of the value ofdomestic anti-monopoly law. By sorting out the value of objective data, we found thatmost of the research objectives of its value are a kind of policy statement. There areintolerable confusion in the understanding of the issues. It is kind of regret of thetheoretical confusion for us.The values of American antitrust goals have developed from the politicaldemands to the subsequent goal of economic efficiency. By the standard economicanalysis of antitrust problems introduced concepts, we introduce the concept ofSandel's two kinds of political freedom to analyze the anti-monopoly law, and Sandelhas led us to look for economic analysis perspective ignored that part of the value.Thus, it could expand some of our understanding of anti-trust law in the field ofpolitical philosophy.Sandel believes that it shows us a change from the republican concept of freedomto the liberal view of it by the development of the American anti-trust law. And in hisopinion, the liberal view of freedom has ignored the audience-oriented charactercreation which is included in the republican concept of freedom. Sandel's argument isbased on the context of the Western liberalism and Communitarianism theory, and histheory is on the critical theory of Rawls. By showing of political freedom in the viewof antitrust analysis in the theory of Sandel, I think that a non-economy standard foranti-trust concept analysis methods will help us further the understanding of theanti-trust issues.Sandel's thinking contains ethical reflection. Therefore, the concept ofanti-monopoly law on this issue, combined with Sander's analysis, it is not difficultfor us to find that this problem might be quite the same with the perspective of ethicsproblems which are combined with the economics coincides. From the analysis of thevalue of China's Antimonopoly Law Research objectives, I think a study of theanti-monopoly law in an ethical perspective, which Sandel's theory of politicalfreedom has showed to us, is necessary for our China's anti-monopoly law, it may notonly deepen the value of our objectives of antitrust issues, but also open up newproblems for us.The structure of this argument is like this. First, it is about the questions of monopoly and competition involved in the economic field. Therefore, the economicanalysis in the anti-trust analysis has become the main method in the scholarss'opinion. In this chapter, I will demonstrate the change of the main value of theanti-trust law in the America.Second, in the second chapter, I will show the theoretical controversy which Ithink it would be able to reach our concept of the anti-monopoly law in the area of theWestern political philosophy, and the political philosophy of my vision mainlycentered the anti-monopoly. Sandel's concept closely related to Western scholarsunderstanding of the two different kinds of freedom. Then we will find that we mightget a view of distinct from mere economic criteria to the antitrust analysis.Finally, I have drawn a conclusion that a non-single standard to analyze theanti-trust concept in the Study of anti-trust law will help us to expand the theoreticallevel of anti-trust concept research. It could make use of the way of thinking in ourlegal thoery research. Meanwhile, considering the social reality in our country, Ibelieve that this way of thinking on the concept of anti-monopoly law in China isreally necessary for us.