On Naturalization Of Anti-monopoly Law In China

As the opposition of free competition, the modern monopoly is an inevitable product of the socialized production at certain stage. Therefore, the monopoly is inevitable along with the socialized production, either in the market economy system or in the planned economy system. But, socialist economy is essentially different from capitalist economy, such as the ownership system, purpose of production; the origin and developing process are also widely divergent. Thus the monopoly of socialist economy is inevitably different from the capitalist economy.Currently, under the frame system of WTO, the lawmaking of anti-trust in the world has entered into the material construction stage. The Chinese anti-trust law has already been ready to start up. On one hand , the extreme administration monopoly and the abuse the of the advantage position of the public enterprises under the planned economy system have increased, which has affected seriously the socialism market economy development; on the other hand, along with the fast development of economy and the enter of multinational companies in great quantities, the economic monopoly has also started to appear and spread, which has already endangered the fair competition. So our country need to enact anti-trust law urgently. But the current domestic research of anti-trust only focused on the text of anti-trust law or its international comparison, neglecting the investigation of social actuality and the economic condition behind the text, as well as the research of the transformation background of and the transition characteristics of the lawmaking of Chinese anti- trust law .This dissertation hopes to return to the original points of the problem and put forward some relevant lawmaking suggestions, trough the examination of current monopoly of our country, particularly the characteristic and reasons of this phenomenon in the course of building up the socialism market economy in our country, and trough drawing the lessons from the anti-trust lawmaking in the western countries.This thesis, starting from the basic theory of law transplantation and law naturalization, tries to provide a methodology for the naturalization of anti-trust law in china, and then leads to the writings on the situation of china. Directing at the particular phenomenon of administration monopoly and economic monopoly in china, colligating many cases and historical demonstrations, through the research on the present legislation and the anti-trust law (draft) which is submitted by China, this thesis pertinently discusses the idea, system and implementation of anti-trust law. At last, relevant suggestions are given on the anti-trust law's regulation on administration monopoly and three types of economic monopoly according to the actual condition of the country's political and economic development. At the same time, a proposal is made for the country's setting up a unified, independent and authorized anti-trust law system.