The Value Target Of Anti - Monopoly Law In China And Its Implementation

Fighting against monopoly to protect competition is the instinct demand of market economy, the reflection of WTO regulations, also the melody of the times in the world. Anti-monopoly law has been the most powerful method in fighting against economic autocracy, restriction of free competition and the core law in protecting free economy.Modern anti-monopoly law, ever since the emergence of Sherman Act of American in 1890, has undergone the development of more than one hundred years. During just more than one hundred years, more than one hundred nations have established perfect legal system of anti-monopoly. Though the order of market economy has been established since 1993, yet up to now, as a member of WTO, a systematic anti-monopoly law has not been established in our nation, which will do harm to the speedy and healthy development of our economy.It is the important issue of the legislative work that how to establish our anti-monopoly law as soon as possible. Among the obstructions on carrying out the anti-monopoly law, the first matter is that we have not a centralized opinion on the orientations and relations between them of the anti-monopoly law.In view of this, I, the author, beyond my own ability, adopting many research approaches such as historical review, comparative analysis, logic analysis, economic analysis, social investigations, and integration of theories with practice, and also closely integrated with the practical situation of China, carry out relatively thorough, systematic and integrated study and discussion on the orientating the value of anti-monopoly laws. According to this, the author tried to discuss how to realize the orientation of anti-monopoly law. It is the author' s wish that the study of the paper can accelerate the enactmentand enforcement of anti-monopoly law.The paper is divided into six chapters. The main contents of the text are as follows:In chapter 1, the author discussed the necessity of the study of the orientation of anti-monopoly law, according to the importance, current situation and the weakness in proper order.In the following chapters 2, 3 and 4, it was discussed thoroughly and systematically that free-the first orientation, the efficiency-the important orientation and the fair-the fundamental orientation.In chapter 5, by the relatively through study of the relations of free, fair and efficiency, the author got a conclusion that the free is prior to fair and fair is prior to efficiency.In chapter 6, based on preceding part of the text, the author went a step further to discuss how to realize the orientation of anti-monopoly law and gets the conclusion of the full text.