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我国社会主义市场经济体制的确立已近10年,作为社会主义法律体系重要组成部分的经济法,从其开始出现之时起,就一直经历着无休止地争论,而被誉为经济宪法的《反垄断法》至今尚未完整出台。我国目前的《反不正当竞争法》虽然规定了11类不正当竞争行为,但是对垄断行为的规定却甚少,很难适应市场经济快速发展的需要。立法的滞后、多种垄断行为的出现和泛滥难以得到有效地规制和改观。这样势必要严重影响市场经济的健康发展,为此,建立具有中国特色的反垄断法律制度,限制垄断、保护竞争,推动经济快速增长势在必行。
The establishment of the socialist market economic system in our country has been established for nearly 10 years. Since the beginning of its existence, the economic law, as an important part of the socialist legal system, has undergone endless arguments and has been praised as the “ Anti-monopoly Law ”has not been fully introduced. Although China's current Anti-Unfair Competition Law regulates 11 categories of unfair competition, its provisions on monopolistic behavior are few and it is difficult to meet the needs of the rapid development of the market economy. The lag of legislation and the emergence and proliferation of various kinds of monopolistic behavior can not be effectively regulated and changed. In this way, it is bound to seriously affect the healthy development of the market economy. Therefore, it is imperative to establish an antitrust legal system with Chinese characteristics, limit monopolies, protect competition and promote rapid economic growth.