China Against Restraints Of Competition Law Legislation

During the process of building and developing our socialist market economy, to establish and protect free competition are the direct goal which the market economy institution pursues, free competition is also the basis of our market economy. Without it, real market economy and market institution can't exist. Competition legislation, which aims at protecting the freedom of competition, is sure to be the basic law, cai led economic constitution.As far as our present research of the competition legislation is concerned, there, are three mistakes. 1)studies confined to illegitimate competition, 2)mistakes made in studying monopoly from the very beginning, 3)lack of studying the behaviors in limiting competition which threats our economy severely. Although many people think thr.t China should also fight against monopoly, however, as a matter of fact, it would be unwise to do this. On one hand, considering our present lower productive ability, less-developed scale economy and internationally less-competitive, the government, in the industrial restructure, should urge amalgamation and merger of enterprises, encourage enterprises' centralization and promote monopoly. On the other hand, there is almost no real monopoly enterprise which became stronger through fair competition. Without monopoly, how can we combat it? Our market economy is still In its early stage, what we need at present is just monopoly (i.e. enterprise centralization). Due to the contradiction between advanced economic reform and extremely backward reform of political institution, what threatens the market order of China today is the behavior of limiting competition by moans of administrative power, which as developed and maintained by all kinds of powor patterns. Therefore, what we need to fight against is not monopoly but all brands of limiting competition behavior. It is not only the necessity to deepen reform and foster domestic market, but also the objective requirement to accord with the international practice after China's accession to WTO, thus it should be the key point of our present legislation concerning competition.Based on the above, from a broad and new anglo, the author pick out the legislation of anti-limiting competition to investigate fair competition in our country. On the ,basis of deep understanding the legislation about anti-lim, iting competition domestic and abroad, the now developments in relative academic field, and a detailed research of our present laws and regulations on anti-limiting competition nd their problems in enforcement, this article answers some important questions. such as legislation choice, legislation mode, the definition of anti-limiting competition, its important condition of composition, the differences among monopoly and illegitimate competition, the policy goal and basic principle of the anti-limiting competition law, and so on. Moreover, this article probes into the meanings of every kinds of anti-limiting competitions, their important conditions, harmfulness, how to regulate abroad and domestically, and the like, The author hope to cause the attention of the law field, and be helpful to our relative legislation of competition.