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据《海峡都市报》载,酝酿了近20年的《反垄断法》,如今又面临新的变数——尽管《反垄断法》已列入全国人大常委会2006年度的立法计划,但据参与这部法律起草工作的人士透露,在最近一次草案修改中,“禁止滥用行政权力限制竞争”一章被整体删除。即将出台的《反垄断法》或许会成为一部专注于反经济性垄断的法律。笔者认为,制定一部仅针对反经济性垄断的《反垄断法》,就丧失了《反垄断法》作为法律的基本属性。中国的垄断现象其实质咎于行政体制,即行政垄断,如果《反垄断法》不写入反对行政垄断的内容,那么该法案的
According to the “Strait Metropolis Daily”, the Anti-Monopoly Law, which has been brewing for nearly 20 years, is now facing new variables. Although the Anti-Monopoly Law has been included in the legislative plan of the NPC Standing Committee for 2006, According to sources in the drafting of this law, in the latest amendment, the “Prohibition of Abuse of Administrative Power to Limit Competition” was deleted in its entirety. The forthcoming Anti-monopoly Law may become a law that focuses on anti-economic monopoly. The author believes that the development of a “antitrust law” that deals only with anti-economic monopolies loses the “antitrust law” as the basic attribute of law. The monopoly in China is essentially due to the administrative system, that is, the administrative monopoly. If the Anti-monopoly Law does not write down the content that opposes the administrative monopoly,