The Value Orientation Of The Antimonopoly Law

Antimonopoly law is a law that forbidden to limit or exclude competition, includes prohibit abusing of dominant market position, the monopoly agreement, the administrative monopoly and the concentration of business operators and other behaviors. The value orientation of the Antimonopoly Law refers to the ideal target specific that pursuit to the antimonopoly law in the adjustment of social relations, it is plays a guiding role in the overall for the implementation of the antimonopoly lawThis paper is divided into five parts to carry on the preliminary discussion of the value of the antimonopoly lawThe foreword describe the negate of the Coca Cola’s merger HuiYuan, drawing off the value orientation of the anti-monopoly law, discussion the role that the value orientation of the anti-monopoly law played in the implementation process of anti-monopoly law.The first part give a theoretical introduction about the value of the law, the orientation of the legal value, the orientation in value of the anti-monopoly law orientation. The value of law is defined as the object satisfy the subject that human needs. The Value orientation of law is the certain choice to the utility and utility significance. The value orientation of the Antimonopoly Law refers to the ideal target specific pursuit to the anti-monopoly law in the adjustment of social relations.The second part compared with the value of foreign Antimonopoly Law orientation, summarizes the characteristics of the value orientation of anti-monopoly law. The United States is one of the earliest countries that anti-monopoly law developed, as a national coalition, the European Union has different value orientation of antimonopoly law, worthy of our depth study. Through the introduction to the value of the anti-monopoly law and its development, come up with some conclusions. First of all, the value orientation of anti-monopoly law should be combine with the situation of domestic political, economic conditions, not copying other countries’blindly. Secondly, in the same country, the value orientation of anti-monopoly law should be decided according to the current actual situation of economic development; Finally the value orientation of anti-monopoly law shall keep stable in quite a long time.The third part, analysis the basic situation of economy in our country currently:China’s socialist market economic system, is different from capitalist economic system of western country, administrative monopoly is a serious problem. With the process of market economy integration, when making laws in our country, political and economic development should be considered, it also should be consistent with international practice. According to the above basic national conditions, divided the value orientation of China’s anti-monopoly law into three main points:first is the maintenance of market benign competition. Maintain the market benign competition mainly includes two aspects. These two aspects complement each other, cannot be short of, play common role in the economic order.(1) moderate competition.(2) the essence of fair competition. Secondly, the whole social benefit. Protect the social overall benefit is an important value orientation is the antitrust laws. The interests of the whole society include two aspects:benefit universality and efficiency entirety. The social overall benefit as value orientation, can contribute to the sustained and healthy development of the social and political economy. Last, safeguard the interests of consumers. We can clearly see monopoly weaken the interests of the same industry competitors, ignored the depriving consumers’s rights. In comparison with other competitors, consumers often for a single group, strength is weak, so protect consumers should be priority. Explore the realization of the law value orientation in our country. The realization of the law value orientation, refers to the reality of the value goal, is the results and process of objective reality. Firstly Regulation of administrative monopoly. The harmfulness of administrative monopoly is mainly manifested in:1. The obstacle to the formation of the single market.2. Administrative monopoly damage the reasonable allocation of resources.3. Damage the rights and interests of operators and consumers.4. The corruption. Anti-monopoly law clear Secondly, clear the enforcement agency of anti-monopoly law. In China, there is still no independent, authoritative and professional anti-monopoly law enforcement agencies. China’s anti-monopoly law enforcement system contains the antitrust committee and the anti-monopoly law enforcement agencies. Participate in the anti-monopoly law enforcement agencies are too many that corresponding purview division was not clear. Purview division between various agencies is not clear, authority is not clear. Finally, specification the anti-monopoly law enforcement procedure. Our current anti-monopoly administrative enforcement procedures exist many deficiencies. The anti-monopoly administrative enforcement perfect Suggestions on the application phase, mainly includes the following stages:First, to place a case on file for investigation and prosecution. Second, the investigation stage. The third stage is trial. Fourth, the decision stage.