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反垄断法具有维护自由竞争和产业诱导两大机能,但可惜的是,产业诱导机能一般不受重视,在学者的研究中鲜有提及。其实反垄断法带有极强的政策倾向性,各种产业政策无不体现在反垄断法实施中。从解释学角度看,产业诱导机能具有广泛的现实意义。首先,全球范围内反垄断的发展趋势需要产业诱导机能。其次,中国的经济现状也亟待反垄断法的产业诱导机能加以解决。此外,通过假设与实证相结合的研究方法,文章还对产业诱导机能在未来中国反垄断法中的体现作了一些详细规划。
The antitrust law has two major functions of safeguarding free competition and industry induction. However, it is a pity that the industry inducing function is generally neglected. It is seldom mentioned in scholars’ research. In fact, anti-monopoly law with a strong tendency of the policy, all kinds of industrial policies are all reflected in the implementation of anti-monopoly law. From the perspective of hermeneutics, industrial inductive function has a wide range of practical significance. First of all, the development trend of antitrust around the world needs industry-induced function. Second, the economic situation in China is also urgently needed to be resolved by the industry-induced function of antitrust law. In addition, through the combination of the research methods of hypotheses and empirical studies, the article also made some detailed plans for the performance of industry-induced functions in China’s antitrust law in the future.