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中国的竞争法及其研究一直强调公平和社会正义,而利用市场机制达到社会资源最优配置这一效率目标未受到应有的重视行政垄断一直是中国社会普遍的权力寻租现象,竞争法保护的是竞争机制,而不是竞争者。中国应当尽快完善其市场竞争机制的逻辑基础和对竞争思维的确立,在中国经济日益融入世界经济体系的过程中,竞争政策不应作为保护和扶持国内企业,限制国外竞争者的工具.
China’s competition law and its research have always emphasized fairness and social justice. However, the efficiency goal of using market mechanisms to achieve the optimal allocation of social resources has not been properly given due importance. Administrative monopolies have always been the phenomenon of rent-seeking by the Chinese society in general and protection by competition law The competition mechanism, rather than competitors. China should expeditiously improve the logical basis of its market competition mechanism and the establishment of competitive thinking. As China’s economy is increasingly integrated into the world economic system, competition policy should not serve as a tool to protect and support domestic enterprises and limit foreign competitors.