论滥用市场支配地位的认定与制度完善
On the Identification and Institutional Improvement of Abuse of Market Dominance

在当今竞争激烈的市场经济环境中，受国际、国内双向经济大环境的影响，在频繁的市场交易活动中，滥用市场支配地位的行为由于其滥用行为的多样性、广泛性和复杂性等，使其成为经济法治发展的一大毒瘤，司法实践中难以从根本上遏制，对市场公平竞争秩序和广大消费者利益造成了严重损害。在我国现代化法治国家、法治经济建设的重要任务阶段，针对这一局面，反不正当竞争法、垄断法学界的诸多前辈学者都进行了分析研究，提出许多解决方法和完善建议。本文则在我国相关理论和实践研究基础之上，运用分析对比解释的方法深入探讨滥用市场支配地位的概念特征、认定标准、表现形式以及相关法律规制，提出些许完善我国滥用市场支配地位认定制度的建议，以维护市场的公平竞争和健康发展。
In today’s fiercely competitive market economy environment, affected by the international and domestic two-way economic environment, in frequent market trading activities, the abuse of market dominance has become a major cancer in the development of the economic rule of law due to the diversity, breadth and complexity of its abuse, etc., and it is difficult to Fundamentally, containment has caused serious damage to the fair competition order in the market and the interests of the majority of consumers. In the important task stage of China’s modern country under the rule of law and the construction of an economy under the rule of law, in response to this situation, many senior scholars in the anti-unfair competition law and monopoly law circles have analyzed and studied, and put forward many solutions and improvement suggestions. On the basis of China’s relevant theoretical and practical research, this article uses the method of analysis and comparative interpretation to deeply explore the conceptual characteristics, recognition standards, manifestations and relevant laws and regulations of the abuse of market dominance, and puts forward some suggestions to improve China’s abuse of market dominance recognition system to maintain market fairness to maintain fair competition and healthy development of the market.