论竞争法在市场经济法律体系中的地位

竞争法在市场经济法律体系中的地位十分重要。首先,市场经济体制是依靠市场竞争机制配置资源的,因此,维护市场经济秩序的竞争法是经济法的核心;其次,自由竞争是市场经济内在和本质的属性,因此竞争法与私法的关系十分紧密,竞争法对私人所有权制度和合同自由制度具有重要的影响;再次,竞争政策与产业政策密切相关,因此它对国家产业政策的制定和执行有显著的影响;最后,因为政府的行为也会影响市场竞争,竞争法也应规制行政垄断行为。

On the status of competition law under market-oriented economy

Competition law has a fundamental position in the legal system under market economy because of the following factors: Firstly,it is of great significance,under market economy,to allocate resources through market competition mechanism,so competition law as a basic instrument to maintain competition order has been deemed as the core of the economic legal systems.Secondly,free competition is the fundamental and inherent character of market economy,so it has close relationship with private laws,and has exerted grate influence on the private ownership and the freedom of contract.Thirdly,competition policy has also close relationship with industry policy.Even through the industrial policy is important and inevitable under market economy,it should not seriously eliminate or restrict competition,which means that the industrial policy should be constrained by the competition policy.Finally,competition law should combat not only private monopolistic behaviors,but also the abusing administration power by government itself in view of its harmful impacts on market competition.