The foundation and local form of the anti -monopoly method
September 21, 2022 09:22 Source: "China Social Sciences" September 21, 2022 Total 2496 Author: Liu Changhao

In recent years,Anti -monopoly and competitive policies gradually enter the top -level design vision,The Anti -Monopoly Law is also about to usher in the first revision after promulgation,The current academic community is discussing the hot issues of antitrust law,Do not ignore the study of the issue of justice and justice。Only the academic consensus of continuous condensing for basic theoretical issues,"Faithful" and "According to the Tao" pseudo -weight,Can continuously open up a new realm of competitive law with Chinese style。

Specifically,Discuss the significance of the justice of antitrust law: first,"Zun Tao",That is, law studies must respect the justice attributes of the law,It explains human value、Adjust the relationship between interests、Giving full play to the effectiveness of the system provides high -level expression at the level of epistemology。From the perspective of value spectrum,Justice is the "middle way" existence after abstract integration contained in the law.。Devin pointed out,The formulation method cannot be constructed by the principles of justice that is recognized by its recognition,Research on antitrust justice should be put on the schedule of academic discussion as soon as possible。Second,"Seeking Tao",that is, the anti -monopoly method based on institutional thinking should take justice as the core of "recognition element" to grasp。"Knowing Elements" is one of the three major elements of institutional theory,Whether it is spontaneous order、Construction order or coupling of the two,"Legal System" must understand the prescribed connotation of its "quality"。Anti -monopoly method maintains market competition order,Fitakie thinks,Justice should be in the central bet365 Play online games position of the protection process of the system,"Life" can "force" to serve people,"The law exists in the best argumentation of legal practice as possible",The view of justice as the underlying logic of the overall method is the deserved meaning of the best argumentation of antitrust.。third,"Follow Road",That is, the perspective of justice can provide anti -monopoly law enforcement and judicial intervention the necessity analysis of regulatory intervention and the value control of institutional goals。Justice in the pre -research of the specific system of antitrust system,On the one hand,Justice as the fundamental follow of the function of antitrust method,For example,Do you need to reconstruct the antitrust law in the face of new problems such as the digital economy? If needed,In the sense of reconstruction? This should carefully consider the "meta problem" such as the compatibility of competition justice and technical justice。On the other hand,The systemic "proper state" of the structure of justice is also affected by the soil of a specific system,The construction and improvement of the anti -monopoly method system should also pay attention to the impact of the justice of justice under specific space -time conditions。

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Devin believes,Political and morality and law are inseparable,The law is not a right to identify and explain the right and obligation system that can be identified and explained independently outside of political morality。Political philosophy pursues a "thick" rule of law theory while recognizing the existence of objective justice,Its scientific resources will naturally antitrust and human value、Political and morality's demands of the system is linked,The proof of legal justice can open the feasible path。On the basis of drawing many contemporary political philosophy,The justice foundation of antitrust method can be abstracted into the concept of "freedom Bet365 lotto review of equality",Understanding of it mainly includes "background connotation" and "explanatory connotation"。

Sustainable social cooperation is the "background connotation of equality",It is also the setting of the "existence" scene of human beings。Ami Tia Mori thinks,The inherent value of freedom of transaction is more important than economic efficiency。"Competition" is not only one of the three major mechanisms of the market economy,More extensive social cooperation provides effective and possibilities。Roses' theory of justice The basic assumption of human nature is: people hold a conservative rather than adventure strategy,Guarantee "the most bad results" than getting "the best results" is more human -oriented。Devin believes,Unemarkness caused by the non -selectivity of the socio -economic environment。Actually,Both affirm a sustainable from the perspective of institutional justice、The necessity of the social cooperation system of non -zero -time game。In the fierce market competition,The winner's acquisition of wealth shall be based on the premise that the competition order is not damaged,Although this is not as extreme as that of the market winner that the market winner is not "moral",But antitrust justice does essentially rejection of the bottom line competition of anti -bulling freedom between market entities,Call for an orderly establishment of competition、Circular social cooperation system。The "explanatory connotation" of this concept is a description of the value characteristics involved。

First,The logic of "Freedom of Equality" lies in "freedom"。The freedom of antitrust law compared to the change of the existence of civil law,This includes free "referred to" from individuals to society,The limit of freedom is from absolute freedom limit to relative freedom,The form of freedom evolved from the form of rights to institutionalized substantial freedom,At the same time, bet365 Play online games it is also accompanied by positive freedom developed by the negative freedom of rights protection as a system promotion。This change is the "discarding" of liberalism on its own,Inner echoes with the aforementioned "background connotation"。Next,Anti -monopoly method is based on the principle of "freedom" differentiation,Use the same principle of "equal" to improve and supplement,This is reflected in the phenomenon to maintain the competitive order。Sander pointed out,Anti -monopoly method should pay attention to the concept of republic antitrust concept of the consequences of citizens。Actually,"Equality" orientation is a balanced mechanism,Antitrust method to curb serious inequality caused by market competition,It is not given the main body "the right to competition" to reflect the form of "opportunities equal",It is not a result of similar tax law to re -assign a result to reflect the principle of substantial differences,but a two -point method that transcended form and substance,Maintenance of "competitive" value,Coordination of social harmony and economic development。Equal factors maintain the feasible ability of self -development of people in economic life,Equality and freedom are the relationship between means and purpose,The free method of the antitrust method should not be wiped out。Last,Anti -monopoly law "Freedom of Equality" and anti -unfair competition "Freedom of Germany" together constitute the overall structural form of the righteousness of competition law。Ami Tia Sen emphasizes process freedom and opportunity freedom,Whether to pay attention to the opportunity for competition,It also examines the legitimacy of competitive behavior。For market competition,Competitive opportunities and legitimate behaviors、The unity of the economics and morals is the inherent requirements of the benign competitive order,It is also the integrity narrative bet365 best casino games of institutional justice。In this sense,The concept of justice of the two laws is uniformly intertwined in the pursuit of "competition justice" for the competition law。

  Diverse vision of the justice of my country's antitrust law

Anti -monopoly method above the justice of "freedom of equality",Also due to a specific political system、Economic system and social and cultural influence,Form the underlying logic and the sub -shaped phase coupling、Justice form with unity of commonality and personality。Examine our country's antitrust law,It can be found that the diverse field of vision that affects its justice,This mainly includes a surface form formed by regulating and practical feedback on organic interaction,and follow the theory to follow、The deep form of the trinity composed of real mechanism and cultural connotation。

As far as the surface shape is concerned,The "implementation of a socialist market economy" in my country's constitution is the foundation of the "market economy" and "socialist" dual -language context from the fundamental standard of "implementation of a socialist market economy".,Article 1 of the "Anti -Monopoly Law" legislative purpose reflects the pursuit of diverse value of my country's antitrust law,Article 4 "The State Formation and Implementation of Competitive Rules for the Socialist Market Economy" is a local branding,and form a standardized interface with the constitutional order。From the feedback from practice,Although my country's antitrust law starts late,But the legislative concept,While prohibiting various monopoly behaviors recognized by countries,Follow the inevitable laws of my country's economic system transformation and inherent requirements for sustainable development,Increase the enforcement of administrative monopoly,and will play an important role in the process of "preventing capital disorderly expansion" and "building a national unified market"。Of course,The surface Bet365 lotto review shape is still restricted and supported by deep shape,"Persist in combining the basic principles of Marxism with the specific actual situation of China、Combined with Chinese excellent traditional culture ",Lay theoretical orientation for the deep structure of my country's antitrust justice。

First,Basic principles of Marxism clarify the time and space of justice、Practical,Marxism's perception of people is specific、History,The justice based on abstract personality assumptions is the air tower,Only in the real practice of a specific historical process、In the dialectical movement of productivity and production relations、In the great process of promoting the comprehensive development and liberation of people,can we have a deeper grasping the righteous form of the system。Second,The path of socialist rule of law with Chinese characteristics is the background of my country's antitrust law and justice,Understand the prohibition of monopoly behaviors in the context of China、Maintain fair competition、Deep connotation of protecting the legitimate rights and interests of consumers,It is necessary to integrate it into the fundamental position of Xi Jinping's thinking "centered on the people" and the understanding of the essential requirements of socialist wealth。Maintaining competitive order can prevent the barbaric growth of market forces and the disorderly expansion of market capital,Protecting the metabolism of the market system,This is objectively conducive to avoiding excessive differentiation of the rich and the poor,In essence, it is in line with the overall interests of the social community of "people"。third,Chinese excellent traditional culture nourish the concept of antitrust justice。For example,The claims of "suppressing and mergers" and "restraint capital" in modern times can provide support for the legislative concept of "strong support and weakness" of antitrust law,The "Righteousness bet365 Play online games of Righteousness" in Confucian culture provides powerful arguments for the monopoly behavior of combating the oligarch of the market。Overall,From the free market of barbaric growth to the production of the antitrust method, the market regulation,Reflect that the West "I want、Can be applied to people "to the east" I don't want to、Do not apply to people "ethical steering,It also implies the subjective certificate of facing and respecting the "others" under the order of social cooperation。

 (This article is the phased achievement of the Renmin University of China in 2020, the top -top innovative talent cultivation planning plan)

(Author Unit: School of Law of Renmin University of China)

Editor in charge: Chen Jing
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