垄断与经济法产生关系新探

经济法学界一般认为,垄断破坏了公平而自由的竞争,引发严重的社会问题,传统的民商法和行政法作出了修正之后仍无法有效调整,在这种情况下,各国纷纷制定了反垄断法等法律法规,作为现代法的经济法产生了。美国经济法的确是这样产生的,但是德国强化垄断,苏东、中国等社会主义国家国家直接垄断,也出现了经济法。经济法不仅具有反垄断功能,也有促进垄断,甚至直接规定国家垄断的功能。

A New Probe into the Relations Between Monopoly and the Appearance of Economic Law

The economic law circle generally holds that monopoly destroyed fair and free competition, thus caused serious social problems which couldn't be solved effectively even after the modification of traditional civil and administrative law. Under those circumstances, many countries enacted anti-monopoly act and other laws, which meant the birth of modern economic law. The appearance of the economic law of America was a case, but in Germany, where monopoly was strengthened, or other socialist countries such as the former Soviet Union, China, which practiced country monopoly, economic law came into being as well. Economic law not only has the anti-monopoly function, but also can promote monopoly, even directly regulate the function of country monopoly.