Study Of The Value Orientation Of China's Anti-monopoly Law

Position that the antimonopoly law in the whole economic legal system is theeconomic constitution, Playing an important role in safeguarding the freecompetition mechanism of the market. The antimonopoly law of our country passesthe fermenting of 13 years, finally issued on August 30, 2007. This has veryimportant meanings in establishing the "economic constitution" status in ourcountry of antimonopoly law. The value orientation of the antimonopoly law offersthe value foundation for establishment with regular rule and procedure and mastersthe legislative purpose. And The value orientation of the antimonopoly law will offerthe leadership of the sense of principle to the implementation of antimonopoly.Thevalue orientation of each national antimonopoly law has different characteristicsbecause of its national political and economic systems, traditional difference.The Article adopts the methods of comparing analysis, historical analysis andconcrete analysis. Chapter one has mainly analyses and researched the importantmeaning of the value orientation of the antimonopoly law, mainly start with therelations between value orientation and legislative purpose, purpose clause, Haveanalyzed the value orientation to the legislative purpose to understand theantimonopoly law of our country and function had of purpose clause. Haveexplained the value orientation is a view of the legal spirit precipitated in the legalclause. Only choose the value orientation correctly, regard this value orientation asthe basic starting point and could understand the purpose clause of this law correctly,and then hold the full text correctly. Meanwhile, relate to the concrete nationalconditions that the antimonopoly law that our country has just passed will beimplemented on August 1, 2008 soon, have analyzed the complexity equivalent towhat the environment is need to analyze dialectically under the guidance of valueorientation constantly. The value orientation should be a pluralistic choice thatauthor of chapter two has explained the localization on the macroscopic to the value orientation promptly, according to the developing history of the antimonopoly lawand the legislative. Though in it legislates to be to some extent different state, eachcountry legislative purpose in concrete legal provisions single, but has adopted theplural legislative purpose view. So, choose to reflect the value orientation with basicantimonopoly law in some ubiquitous, fixed basic value in the antimonopoly laws ofvarious countries. I have described the basic value orientation that the antimonopolylaw has is oriented since the antimonopoly law reflect its fundamental propertyshould be inherent. Carried on concrete analysis to the relation between the Valueorientations described above and basic of the antimonopoly law at the same time, ithave by one that coordinate each other promptly, it contradictory one will be existedtoo. So, in the legislation in different periods and judicial practice, its emphasis pointwill be different to some extent. Author of chapter three has explained the changeevolution of the value orientation of the foreign antimonopoly law and make aconcrete analysis of the choices of U.S.A., Germany and European Union'santimonopoly law value orientation and characteristic of changing, and has carriedon rational analysis to this change. The Goal is to point out antimonopoly law tomaintain competition but not merely anti-monopoly. Value orientation of theantimonopoly law is the concentrated expression of great social interests in onenational particular period. The chapter four has explained the value orientation thatthe antimonopoly law of our country should adhere to specifically on the basis thattheories of chapter three described above. I have analyzed the value orientation thatour country's antitrust purpose clause demonstrates at first, and has analyzed it. Andthen, according to concrete realistic environment and economic situation faced ofantimonopoly law of our country, have explained which value orientation is shouldadhere to. Insist social whole interests, social fair, insist on pursuing economicefficiency in antimonopoly law of our country. Insist a kind of plural valueorientation is chosen, this must establish the criterion of handling interestscontradiction conflict. Have some economic benefits and economic benefits problemof contradiction among described above value orientation. I insist on the principle that "benefit balances equity on the value orientation of protect the interestspreferentially". Part five has mainly explained how to make the value orientation ofthe antimonopoly law be realized. The author mainly analyzes from establishing theconsciousness governed by law, coordinating the relations among value orientationand three respects of guarantee on the establishment system.