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Some basic issues in the establishment in China of an anti-monopoly legal system

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Journal article

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管理世界 = Management world

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竞争法, 资源最优配置产, 业组织理论, 多倍赔偿, 产业政策



China’s code of competition and the study thereof have been stressing impartiality and social justice to use market mechanism to optimally allocate social resources, but this aim has not been taken seriously as it should. China should bring economics into full play in the legislation and enforcement of competition code. What the competition code protects is not competitors but the competition mechanism. China should establish, as soon as possible, the way of thinking that is in real conformity with the policy for competition, and should cast away the words and logic that do not accord with "the invisible hand". In the process of China’s economy becoming daily in harmony with the world economic system, our competition policy should not act as a tool that protects and supports domestic enterprises and that restricts foreign competitors; the competition policy is not a substitute for the industrial policy. The Chinese government should fully respect the market mechanism, establish and show trust in the market system, allowing competition to give free rein to the role of adjusting economic activities. The founding of an independent anti-monopoly execution body with only one function, is not only a necessity for the removal of administrative monopoly, but also an important condition that guarantees that the execution of the competition code is not to be controlled by the industrial policy.

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林平 (2005)。关于中国建立反垄断法体系的几个基本问题 = Some basic issues in the establishment in China of an anti-monopoly legal system。《管理世界 = Management world》,(8),38-47。