竞争的法经济学解读及其启示

Analysis on Competition from the View of Law and Economics and the Inspiration

竞争法律制度的构建,是法律对现实社会经济生活的回应.竞争法律制度的完善,又需要经济学理论的支撑.因此,从法经济学的视角解析竞争本身,有利于从法律制度上不断完善对竞争的规制,保障和促进竞争,从而构建与维护合理高效的竞争秩序,推动市场经济和谐繁荣发展.采取经济分析、比较分析等研究方法,对各种类型的竞争及其效用、竞争的性质、竞争的豁免等问题进行了深入探讨,认为我国竞争法律制度的完善必须首先明确竞争法的调整对象是存在垄断因素的“有效竞争”;竞争的豁免虽然不可避免,但仍呈现出不断缩小的趋势,竞争法律制度必将在社会主义市场经济的发展中发挥更加重要的作用.

The establishment of the competition legal system is the response to the social and economical reality. The perfection of the competition legal system needs the support of economic theory. Therefore, analyzing the competition from the law and economic perspective is propitious to perfect the regulation of competition in the law system constantly, guarantee and promote competition, and thus to establish and maintain reasonable and efficient competition order, promote market-economy developing prosperously and harmoniously. The paper uses the study methods of economical and comparative analyze, explore the sorts of competition and their effectiveness, believe that the perfection of the competition legal system should firstly definite that its adjust object is the effective competition with monopoly factor; though the exemption of competition cant be avoid, it continuously appears shrinking trend. The competition legal system will play a more important role in the economical life.