论我国反垄断法的价值目标

On the Value Goal of Our Antimonopoly Law

在《反垄断法》即将出台之际,讨论我国反垄断法的价值有着极其必要的现实意义。反垄断法保护竞争并不是目的,而其仅仅是实现社会经济效率这一反垄断法终极价值的基本手段之一。而且反垄断立法不应并列多重价值目标,而应将经济效率作为根本价值目标,这是适应我国发展规模经济的客观需要,也是我国反垄断法中规制行政垄断的必然要求,同时也符合世界各国反垄断立法的发展趋势。

It is of necessarily practical importance to discuss the value of the antimonopoly law, just before the law is put into practice. The goal of the antimonopoly law is not to protect competition, but one of the measures to realize the efficiency of social economy, which is the ultimate purchase of the law. Furthermore, there should not be many layers of value goal in the legislation of the antimonopoly low, and the efficiency of social economy should be the ultimate purchase and the goal of the antimonopoly law. This is an objective demand which is suilable to the scale economy development in our country, and is also the necessary demand in defining administrative monopoly, so it accords with the developing trend in the legislation of antimonopoly law around the world.