竞争范畴的经济学与法学二维解读

The Dual Interpretation of the Concept of the Competition in Economics and Jurisprudence

竞争普遍存在于自然界与人类社会的各个方面,是一个内涵极为丰富的概念。随着社会生产力水平的不断提高和世界各国市场经济体制的相继建立,经济领域的竞争逐渐成为人类社会发展之主题。竞争是经济学的核心内容,被视为实现资源最优配置的有效方式。竞争也是经济法学尤其是竞争法学的研究焦点,但理论界与实务界对于"竞争的法律概念"这一基础问题尚缺乏深入性与针对性的探讨。为此,我们有必要从法学的视角对竞争予以专门界定以充分发挥其在司法、执法活动中的积极效用,进而推动我国竞争法律制度的健全与发展。

Competition with its rich connotation exists in all aspects of nature and human society. With the continuous improvement of social productive forces and establishment of market economic system all over the world,the competition of economic field has gradually become the main theme of the development of society. Competition is the core of economics,which is regarded as an effective way to achieve optimized resource allocation. Competition is also the focus of economic law,especially the competition law. However,both the theoretical and practical circles have a lack of in- depth and special discussion on the basis of ＂legal concept of competition＂. Therefore,it is necessary for us to give a definition to competition from the perspective of law to give full play to its positive effect in the judicial and law enforcement activities,thus to promote the development of China＇s competition law system.