正在制定的《反垄断法》将于今年6月由全国人大进行初审。在该法起草和讨论过程中,有一些问题一直存在争议。本文就立法的目的和原则、禁止行政性垄断以及反垄断主管机关设置等问题谈点个人的认识。一、在立法的目的和原则问题上,中国的《反垄断法》不能成为一部仅仅是“宣言性”和原则性的法律,可操作性和便于执行是立法中应当首先考虑的事情。反垄断法是维护公平竞争秩序, 保护消费者合法权益和社会公共利益的法律。在西方市场经济国家该法被 The Anti-monopoly Law currently being drafted will be first examined by the NPC in June this year. Some issues have been controversial during the drafting and discussion of the law. This article talks about the purpose and principle of legislation, the prohibition of administrative monopoly and the establishment of antitrust authorities, and so on. First, on the purpose and principle of the legislation, China’s “anti-monopoly law” can not become a mere “declaration” and principle-based law. Its operability and ease of implementation are the first things that should be considered in the legislation. Anti-monopoly law is to maintain the order of fair competition, protect the legitimate rights and interests of consumers and the public interest in the law. The law was adopted in Western market economy countries