China's Anti-monopoly Legislation

This article firstly analyses and researches several main monopoly situations in China, then clarifies the economic aim that should be realized by Anti-Monopoly Act. Some successful Anti-Monopoly legislation experiences of the Western and East-European countries also are introduced, and drawing on them selectively, this article continues to discuss several problems deeply, which caused hot debate and much controversy. Finally, this article is concluded by that it is necessary for China to make a completed Anti-Monopoly Act in current time and provides corresponding suggestions for making of this Act in the background of Chinese reforming economic system and keeping the trail with the international custom.Chapter one discusses the current several principal monopoly situations: Administration Monopoly, Industry Monopoly, Economy Monopoly respectively. This Chapter also analyses the reason of forming of various Monopoly situations, form of expression, and serious result of impairing the economic order.Chapter two discusses the necessity of Anti-Monopoly legislation from the following aspects: the economic theory of market economy, the need to keep consistence with WTO competitive system after china's entry, the current circumstances of diversified Anti-Monopoly legislation of china. And discusses the legislation objects of Anti-Monopoly Act from competition theory and reality sense of protecting consumer interests.Chapter three discusses the standard of the Anti-Administration Monopoly .Now Russia has made some rules about this problem, whose experiences might be drawn by China when making relevant rules.Chapter four discusses the problem of the Industry Monopoly. It is argued the prohibition rule should be made for limiting conducts of abusing the priority of Public Utility.Chapter five illustrated Anti-Monopoly Act does not opposite the merger and acquisition completely from the Chinese current M&A situation and the rules about the M&A.Chapter six provides the advice about implementing Anti-Monopoly Act. Finally, author, as a judge ,also discusses the requirement to judge from Anti-Monopoly Act.