限制竞争和垄断的概念界定及立法选择

Conceptual bound between the restraints of competition and mononply and the legislative selectiom

限制竞争和垄断是两个不同的法理概念,既有联系又有区别。目前,我国生产力水平还较低,规模经济还不发达,国际竞争力还较弱,不能轻言反垄断,重点要反对的是各种限制竞争行为。我国有关竞争立法的规制对象应为限制竞争行为,立法名称应取《反对限制竞争法》;对垄断应区分成因,采取不同的立法态度。

The restraints of competition and monoply are two different conceptions in the legal theory,but they also have some relations.Because of our low leveled productive forces,the undeveloped economies of scale and weak competitive power in the world,the article doesn't mean to talk about anti monoply but focuses on various acts of restraining competition.It points out that the object of regulation should also be those acts when we make the law competition,and the name should be Law Against Restraints of Competition,In addition,the legislative attitude should be different according to different cause of formation of monoply.