关键词： 产业政策, 限制竞争, 法律规制, 理论逻辑, 制度路径

Abstract: Excessive government intervention,elimination and restriction of market competition exist in the traditional industrial policy of our country.In view of these problems,while promoting the transformation of industrial policy to functional policy,we should pay attention to the regulatory role of law.The nature of power intervention of industrial policy,the inherent defects of policy itself and the "aggressiveness" of policy means,which restrict competition,can be prevented only under legal regulation.On the whole,the legal regulation path of industrial policy restricting competition mainly includes three aspects:industrial policy legislation,government "self-control" promoted by fair competition review system,and external supervision of administrative monopoly law enforcement.These three institutional paths have some deficiencies in law,which need to be improved by targeted measures.

Key words: industrial policy, restricting competition, legal regulation, theoretical logic, institutional path