反垄断法目的之再考量

Reconsideration of the Objective of Anti-Monopoly Law

"为了预防和制止垄断行为,保护市场公平竞争,提高经济运行效率,维护消费者利益和社会公共利益,促进社会主义市场经济健康发展",我国于2008年8月1日实施《反垄断法》,但有关反垄断法目的的讨论并未尘埃落定。反垄断法按照经济法的精神构建其基本理论、确立其基本目的;反垄断法基于此目的并结合自己的特点在反垄断法主体间配置起到此作用的权利义务关系,实现反垄断法的目的。

'In order to prevent and restrain monopolistic conducts,protect fair market competition,enhance economic efficiency,safeguard the interests of consumers and the interests of the society as a whole,and promote the healthy development of socialist market economy',the Anti-monopoly Law of the People's Republic of China has gone into effect as of August 1,2008.But the argument about the purpose of the anti-monopoly law has not settled yet.Anti-monopoly law establishes the basic theory and its basic purpose in accordance with the spirit of the economic law.On this basis,by utilizing its own characteristics to assign the rights and obligations between the parties of the anti-monopoly law,anti-monopoly law is able to achieve its main purpose.