反垄断法对滥用市场支配地位企业的规制  

The Social Power and the Harmonic Society

作　　者：文学国[1] 

机构地区：[1]中国社会科学院研究生院

出　　处：《中国社会科学院研究生院学报》2005年第4期37-43,共7页Journal of Graduate School of Chinese Academy of Social Sciences

摘　　要：反对限制竞争协议、控制企业合并、禁止滥用市场支配地位是反垄断法的三大规制目标。行政垄断是我国企业支配地位形成的特殊原因,也是反垄断法规制的难点。根据我国支配地位企业滥用行为的情况,应分别对超高定价、价格歧视、掠夺定价、搭售、拒绝交易等滥用行为进行重点规制。对滥用行为的制裁主要依靠反垄断法的严厉措施。笔者对我国反垄断法立法中如何规定禁止滥用行为提出立法建议。On March 8th 2005, the lecture on Social Power and the Harmonic Society was delivered by the professor for life, Jiang Ping under the invitation of Renmin University of China. The lecturer began his speech with the relationship between state and society in a conventional sense. He holds a state itself based on the Marxist state theory is an instrument of violence and therefore organizing economic production would be beyond its power. Nonetheless, it comes to be believed that the state does play a role in the economic organization with the development of the theory. So we should distinguish the powers of the state from those of market and society. Then Professor Jiang analyzed the individual rights, the social power and the state power. He thinks that the core of individual rights is freedom, the core of the social power is autonomy and the core of the state power is forceful-ness and he also clarified the sequence of exercising these rights and powers. Based on this analysis, he further pointed out the existing foundation of the social power, the area in which the social power should be interposed and the subject who exercises the social power. In the end, Professor Jiang Ping discussed how to construct the harmonic society in the judicial aspect He insists that the harmonic society should be based on respecting and protecting the individual rights and meanwhile, state, social powers, individual rights should be allocated reasonably. In order to realize the real harmony, the democratic political system should be adopted

关 键 词：反垄断法 市场支配地位企业 规制 价格歧视 中国 

分 类 号：D922.294[政治法律—经济法学]