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为了借鉴外国市场立法方面的经验,加速我国市场规则的建立和完善,我们受国家有关部门派遣赴联邦德国卡特尔局作了法律考察.联邦德国卡特尔局是隶属于德国经济部的经济监督部门,它有依法调查并制止各种限制竞争的行为,维护市场正常的竞争秩序,是联邦德国重要的竞争法执法机关. 联邦德国的竞争法律制度,建立于第二次世界大战后所实行的“社会市场经济”之上,并为其发展服务.所谓“社会市场经济”,用西方经济学的解释,是“根据市场经济规律进行的,并以社会因素作为补充和社会保障为特征的经济制度”.其主张是尽可能让市场力量来自行调节经济活动,同时由国家进行必要的干预.社会市场经济主张最大限度地适用“竞争原则”.德国人认为,竞争是社会市场经济的本质特征.没有竞争,市场就没有活力,生
In order to learn from the experience of foreign market legislation to speed up the establishment and improvement of our market rules, we were dispatched by the relevant state departments to visit the Federal Republic of Germany to conduct a legal inspection of cartels. The Federal Republic of Germany cartel bureau is under the supervision of the German economic department It has the law to investigate and curb all kinds of competition to limit the behavior of the market to maintain normal order of competition is the Federal Republic of Germany an important competition law enforcement agencies.The federal German competition law system was established after the Second World War “ Social market economy. ”The so-called“ social market economy, ”explained by Western economics, is“ an economic system characterized by the laws of the market economy and supplemented by social factors and social security ”The idea is to allow market forces to regulate economic activities as much as possible and at the same time make necessary interventions by the state.Social market economy advocates a maximum application of the“ principle of competition. ”Germans believe that competition is an essential feature of a social market economy. Without competition, there is no vitality in the market