Focus Shifting Of Study Methods On Antitrust Law

The tendency differing from traditional subjects always emerges in economic law study, and it is also reflected by the endeavor to find a different way in study methods of economic law. The exploration on conversion of study methods is very important, deserving encouragement. However, the consciousness of"territory of study"must be removed, so that great caution can be paid on adoption and abandonment of traditional study methods; if supplementing, amending and transforming is promising path, the adoption and application of traditional methods should be strengthened.In Chapterâ… , the author summarizes the contribution and deficiency of main methods in current Antitrust Law study, emphasizing the limitations of Comparative Analysis and Economic Analysis, if they were removed from"Logical Analysis on Norm". Antitrust Law, as important part of economic law, always emphasizes Comparative Analysis and Economic Analysis during its research. This is no doubt helpful. In terms of Comparative Analysis, by comparing the institutional designs of national Antitrust law, such as object of regulation, enforcement agencies and legal responsibilities, it can provide important experience for the legislation of"unified antitrust law"; Economic Analysis plays an irreplaceable role on showing the necessity of Antitrust regulation, founding basic facts of Antitrust cases and testing the effectiveness of enforcement. It can be said, these methods have made great contributions for the study of Antitrust law. Nevertheless, without closely integration with"Logical Analysis on Norm", Comparative Analysis is likely to draw inappropriate proposal and pay little attention on"Commensurability"of different legal systems; it is also obviously that Economic Analysis can not meet the need of application of law. To compensate those shortcomings, it is necessary to transit the focus of study methods to"Logical Analysis on Norm", which roots on traditional jurisprudence method. In Chapterâ…¡, the author summarizes the connotation and ideology origin of"Logical Analysis on Norm", and analyzes its value on Antitrust Law as well as economic law. The essence of"Logical Analysis on Norm"is concern about the indispensable elements, meanings and logical structure of legal norms. During the process of legislation and early period of application of law,"Logical Analysis on Norm"should always be the"Focus". With its help, we can prevent the research of economic law from"non-jurisprudence"; we can keep open to the cognitive instruments of traditional disciplines and show the abstract, logicality and system of economic law; we can also fill the gaps in the theory of current study.In Chapterâ…¢,"Logical Analysis on Norm"is applied in the area of Antitrust Law. Different type of norms is distinguished and logically analyzed, so that"Logical Analysis on Norm"can be proved to be methodological efficacy.