关于建立企业合并监控法律制度的探讨-经济法学专业论文.docx

ABSTRACTFrom ABSTRACT From the Sherman Act of the United States in 1890 on．Anti—monopoly law has undergone a history course of 150 years．Currently，more than one hundred courttries throughout the world have set up anti—monopoly legal system．Anti—monopoly is proved to be the core measure of using“the tangible hands”to jntervene“the intangible hands．”T0 prohibit limiting competition agreement．to controll and supervise enterprise merger and to prohibit abusing the domonant maket position， these are the three core measues of the anti·monopoly law．The legal system that controlls and supervises enterprise mergcr,as one of the the core measures，plays leading parts in ensuring faire competirion，maitaining market orders，raising ecnomic efficiency and promoting societal development In the context of the integration of global economy and China’S accession to WTO．iternetional competition growes keener and keeneL Chtan’S anti—monopoly law should take efficiency as the top value goal and effective competition as jts theoretical base．and centers on disciplining international capital monopoly in China’S market and public power while disciplining all monopolies．China’S legal system for the controll and supervision of enterprise shuold plays its role in preventing the enterprise from forming new total monopoly by merger,in standardization merger action and public power action excercised in merger action，in preventing international capital from driving national industries into bankruptcy and in raising the efficiency of the merger emterprise。It should prevent international capital from monopolizing in China’S domestic market and meanwhile promote size economy．in order to acomplish these goals，the influence of enterprise merger should be looked at and proper arrangement should be made．The exception system of the controll and supervision of enterprise merger should be sufficiently applied．When designing the elegant standard for the controll and supervision of enterprise merger,the