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Equity·Order·Efficiency

Posted on:2008-10-07Degree:MasterType:Thesis
Country:ChinaCandidate:J HongFull Text:PDF
GTID:2166360215956698Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Value is the one of basic option of law. The value target of The Anti-monopoly Law of China embodied from Anti-monopoly displays obvious variety with the time and economic background. The value of The Anti-monopoly Law of China can be divided into three levels; namely aim-oriented value (social integral effectiveness),form-oriented value(favorable competitive order)and judge-oriented value (social virtual equity). This thesis analyzes the dynamic process of market competition and observes the value target of The Anti-monopoly law of the main countries in the world; furthermore, in this paper, according to the present lack of social equity and the scientific view of human-oriented, the various value targets are integrated into social integral effectiveness which is chased on the basis of the virtual equity. It is not only favorable to carry out the lawmaking goal of The Anti-monopoly law, but also good to the overall harmonious and healthy development of Chinese economy and society.In the structure, there are four parts, besides the introduction and the conclusion.The first part mainly analyzes the process of market competition. Firstly, the dynamic development of the market competition educes that the development of the market economy need competition, then the competition will cause that the wealth is massed by the minority, finally the monopoly comes into being. The analysis of this part lays the foundation of the development of the whole thesis. Specifically, beginning from the relation between competition and the scale economy development, monopoly and The Act of Anti-monopoly, the part analyzes that The Act of Anti-monopoly aims at getting the economic profit as well as maintaining the equity of society and good competitive order. Thus this part is the starting points of the research.The second part mainly introduces the choice of The Anti-monopoly Law of the main countries in the world, namely America, The Union of Europe and Japan. We can get some conclusions. Firstly, value targets of The Anti-monopoly Law of among countries are of multiplicity, that's to say, they are different in different countries and in different stages, and the status and sequence of each are also diverse. Secondly, The Anti-monopoly Law in each country and in each stage protects competition so as to achieve other value targets. That's to say, value target of The Anti-monopoly Law is achieved by the special means of protecting competition or keeping competitive order. Finally, value target of The Anti-monopoly Law is established according to the concrete national situation of each country.The third part mainly introduces the value target of The Anti-monopoly Law of China, which is focused to pursue social integral effectiveness, maintain the benign competitive order and achieve the virtual equity, based on the general analysis on the value in law and the national situation. The development of the scale economy development objectively demands to pursue social integral effectiveness which is also inevitable to normalize administrative monopoly. To maintain the benign competitive order is the premise to achieve the social virtual equity and the integral effectiveness. The essence of legal mission is to achieve social justice, and the presentation of the social virtual equity is the essential requirement of The Act of Anti-monopoly and also the present social need.The forth part mainly introduces how various value targets of The Anti-monopoly Law of China achieve their integration in the new social reality. According to the present lack of social equity and the scientific view of human-oriented, the various value targets are integrated into social integral effectiveness which is chased on the basis of the virtual equity. Equity and justice are the preconditions to achieve society and corporation efficiency. Virtual equity is the standard to judge the social effectiveness and it is also the basis of pursuing social integral effectiveness.
Keywords/Search Tags:The Anti-monopoly Law, the value target, social integral effectiveness, social virtual equity
PDF Full Text Request
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