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市场经济竞争规律内在地蕴含了立法权限制竞争对市场的作用机理。在探讨规制滥用立法权限制竞争行为途径时,应当区分立法权的正确行使和滥用的标准和界限。由于立法权监督机制的缺失,立法机关不作为或乱作为,部门立法过程中追求自身利益最大化倾向的存在,滥用立法权限制竞争行为已背离了反垄断法的价值目标,已成为一种破坏市场竞争机制的事实力量。为此,建议通过修改完善现行法律,建立法律、法规竞争影响评估机制,加以规制。
The inherent law of market economy contains the mechanism by which the legislative power restricts the competition to the market. When discussing ways to regulate the abuse of legislative power to restrict competitive behavior, the criteria and limits on the correct exercise and abuse of legislative power should be distinguished. Due to the lack of the mechanism of legislative power supervision, the legislature’s inaction or chaos, the existence of the tendency of maximizing self interest in the process of departmental legislation, the abuse of legislative power to restrict competition has deviated from the value target of antitrust law and has become a kind of destruction The factual power of market competition mechanism. To this end, it is proposed to amend and improve the existing laws, establish laws and regulations competition impact assessment mechanism to be regulated.