China's Anti-monopoly Legislation,

Anti-monopoly Law is closely relative to the process of china's EconomicSystem Reform, therefore, from 1980's, the regulations of this law has been already started. After 20 years' hard work on it, it is still unsolved, because the difficulties of the regulations and the cautious attitude of law-makers towards it are the biggest barrier. The development of Marketing Economy and pressures from economic globalization, however, become a major power to push forward the enactment of China's Anti-monopoly Law. After china's entrance to WTO, facing the situation of complete merger with the world economy, there exists a huge emptiness of law that it lacks a full and effective protection for Competitive Mechanism. No matter in the aspect of survival or development, it is extremely urgent for china to make an Anti-monopoly Law, which can form complete Competition Law System with the Law against Competition by Inappropriate Means.The U.S. is the origin of modern Anti-monopoly Law, which laid a solid ground for its economic prosperousness, as one of the most influential Anti-monopoly Law in the world by now, it is also leading its developing trend. Although EU's Competition Law comes from the ideas of America's Anti-monopoly Law, it still adopts the reasonable contents of its internal member states' own relative laws and makes a good balance between two different systems, following the new development. No doubtfully, the laws above provide a very good preference for the legislation of China's Anti-monopoly Law.Traditional Anti-monopoly Law regulates three main activities: the monopoly agreement, abuse of dominant market status and anticompetitive enterprises merger, which exist in china's economic reality too. Besides, we have a unique form of monopoly activity - Administrative Monopoly, which is nearly unavoidable during china's economic transitional period and will affect the construction and perfection of Socialist Marketing Economic System. However, legislation system of china's anti-monopoly law is very incomplete and messy. Although the draft of law has already been sent to Standing Committee of the National People's Congress, the conflicts concerning the draft are still very severe. Therefore, in this thesis, the writer, in own aspect, stated very clearly how to select monopoly control model and focus on the regulation of Administrative Monopoly, if Natural Monopoly should be exempted and Private Lawsuit System should be confirmed. Furthermore, the writer also provides some advices on setting up the implementing institution for china's Anti-monopoly Law.