On The Legislative Framework Of The "anti-monopoly Law"-cum-regulation Object

The essence of competition is the pursuit for rent of the capital. The inherent greediness of capital will push itself to gain biggest value of rent at all cost. The capital in advantage elbows out the other capital in order to monopolize the market by way of the technical advantage or other advantages. That is monopoly. Therefore, the market economy intrinsically excludes any kinds of capital, which attempts to control the market in any ways to deprive the other capital of the equal right to pursue the rent. That is the anti-monopoly. In terms of the level of national administration, it is the anti-monopoly law. Therefore,the essence of anti-monopoly law is to guarantee the equal right of the capital to get the rent. That is the main task of the anti-monopoly law and establishes the constitutional status and function in the development of market economy.This article consists of three parts to discourse upon the main object in anti-monopoly law in China. In the first two parts, preparation is made for the theory and in the last part conclusion is drawn according to the previous two parts. In details, the first part is to position the anti-monopoly law of China, pointing out its value of application, including the creativity of equality and elevation of the efficiency. In the second part, contradiction theory is utilized to analyze the variety of monopoly in China and which is the main contradiction and which is main aspect. Conclusion is drawn that the monopoly in china is economic and exogenous and the monopoly of government is subsidiary. According to the above analysis, the principle of anti-monopoly law is established, which is the inner-strong and outer-weak, import and integration, efficiency in advance, emphasis on the procedure, summarization and enumeration. The last part is to analyze the relationship of the anti-monopoly law with the anti-unfair competition law and confirm the object of the anti-monopoly law, propose the idea of legislation, which is to contain the main economic monopoly and subsidiary government monopoly, to contain the main monopoly activities and subsidiary monopoly structure, the key is to establish the authoritative and independent anti-monopoly law institution. Meanwhile, the committee hired by the state council is appointed to act as the above institution, which submits the advice to the state council,...