The Study Of Legislative History Of Japanese Anti-monopoly Law(1947-2009)

At present, Chinese economy is at an important period of rapid developmentand reform. The eighth session of the People’s Congress representatives, eighteenThird Plenary Session stressed that "comprehensive reform will focus on deepeningreform of the economic system. The core issue of economic reform is to properlyhandle the relationship between government and the market. To play its own role ofthe market, it is necessary to strengthen the fair market competition, and promotehealthy and orderly development of the market. The market economy is theeconomic law. As a foreign legal, Japanese Anti-monopoly had a wavy process ofdevelopment and improvement after60years of ups and downs. JapaneseAnti-monopoly has become Japanese local law that promote fair economic andmarket competition. Due to the impact of competition policy and industrial policy,Japan’s Anti-monopoly law in the development process has been revised andimproved. Act As a law group, Japan’s Anti-monopoly, whose legal system is mainlycomposed of three laws, namely, the "anti-private monopoly and ensure fair tradelaw","prevent unfair prizes and unfair representation","Prevent defer payment ofcapital and other sub-law" referred to as "sub-law". As the main competition policylegislation, Anti-monopoly Act under the guidance of competition policy is engagedconstantly revised and improved for the entire legal system. Especially in revise andimprove the "anti-monopoly and to ensure fair trading private law" referred to as"prohibited monopoly law" led and center, complemented by "King table method,"Content "subcontracting law" be revised and improved. Of course, there have beenregulated monopoly in its historical evolution process, promoting other departmentsprohibit legal monopoly law, Such as the "SME Promotion Law","SME communitylaw","Enter the Exchange Act," etc. Therefore, China should improve theanti-monopoly law. The measures can improve the anti-monopoly law, drawing threebranches of Japanese Anti-monopoly Law Legislation wavy history of developmentin line with our real needs and contributing to China’s economic development. From Japanese Anti-monopoly Act’s overview of the legal system, authoranalyzes Japan’s Anti-monopoly Act amended and improved under the guidance andthe role of competition policy and summers up the experience for our reference in itslegislative history. The core content of this paper is that investigate launched on theJapanese Anti-monopoly Act prohibits legislative history under the developmentstage of the competition policy background. Firstly, the prohibition of monopoly lawsystem briefly introduce and understand the three branches of law of the three lawsfrom the executive branch the legislative purpose, the content of legal regulation,except for the provisions of applicable law and legal aspects. As the core of thesecond part of the article sort out the historical development of monopoly law,focusing on different stages of the development impact of competition policymonopoly law legislation prohibiting the development. The article will be dividedinto three periods.Modify Anti-monopoly Law applicable perfect role for competition policyexplain the different stages of the competition policy applies to JapaneseAnti-monopoly Act prohibits the modification and improvement of the impact of themonopoly law prohibits the development process in the implementation ofcompetition policy promoting and facilitating role. For the development of"anti-monopoly law," the country needs to promote and improve the implementationof competition policy to provide an objective basis and reference.Finally, through the historical development of Japan’s "Prohibition of MonopolyLaw" and the application of competition policy statements, summed up thePerfection of the antitrust laws system and supplementary of specific law. Ourcountry should refine our experience from the available core content of the articlediscusses.