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在我国竞争法理论有关竞争法调整对象的观点中,有一种很有代表性的观点,即“竞争法,是指国家在协调经济运行中调整市场竞争关系和市场竞争管理关系的法律规范的总称”。该观点认为,经济法的调整对象包括两类经济关系,一类是竞争关系,另一类是竞争管理关系。笔者认为,竞争法作为部门法,只能调整竞争关系,而对于竞争管理关系,由于其属于行政法调整而不属于经济法调整,因此,不应作为竞争法的调整对象。
In our opinion on the object of competition law in the competition law theory, there is a very representative view that “the law of competition refers to the legal norms that the state adjusts the relations between market competition and market competition and management in the course of coordinating the economy Collectively ”. The view that the object of economic law, including the adjustment of two types of economic relations, one is the competitive relationship and the other is the relationship between competition management. The author believes that competition law, as a sectoral law, can only adjust competition relations. However, competition law should not be the object of competition law because it belongs to the adjustment of administrative law and does not belong to the adjustment of economic law.