The Research Of Anti-monopoly Law Responsibility System

Monopoly problems are paid more and more attention while our socialist market economy are continually developing. As long as we develop the market economy, we can do nothing but face the problems of monopoly, which is the inevitable result of highly centralized production in the progress of free-competition. How to evaluate the monopolistic conducts and how to handle specific monopoly by legal means are all connected with anti-monopoly law responsibilities. The life of the law is execution, a well-designed law is nothing but a piece of paper if it can't be executed. The execution of law need basis, a series of preset legal responsibilities can achieve the basic functions of order and justice. Anti-monopoly law is know as"the Great Charter of free enterprises"in USA,"economic constitution"in German and"the core of economic law"in Japan. Anti-monopoly law means a lot to protect the legal rights and interests of other operators and consumers, safeguard the fair order of market competition and ensure the steady progress of national economy, but it only effect when the anti-monopoly law responsibility system is perfect and its responsibilities are fully realized.This paper will discuss the anti-monopoly law responsibilities, theoretically analyze the demarcation and regulation basis for monopoly conducts and dissect the anti-monopoly law responsibility system more by means of elaboration, comparison and history. By this we could learn more about monopoly's meaning and monopoly conduction's responsibilities, handle the regulation and application of our anti-monopoly law responsibilities properly and improve the anti-monopoly law responsibility system better.This paper is divided into four parts besides the introduction and the conclusion.Part one discusses legal responsibilities in anti-monopoly law. Fist of all it discusses the definition of monopoly, which is divided as legal monopoly and illegal monopoly. Not all the monopolies can be applied to anti-monopoly law. Then it discusses how to set monopoly responsibilities, which involve with free competition spirit, contemporary economic development and national interests. In one word, .there is no perfect but the most applicable monopoly responsibility system..Part two discusses the anti-monopoly law responsibility system of foreign countries. As major examples the anti-monopoly law responsibility systems of USA, German and Japan will be discussed by three aspects: the situation of anti-monopoly legislation, specific regulations of law and analysis of the system. USA, German and Japan have different legislative backgrounds and different regulations on monopoly conducts. We can see their different characters in the anti-monopoly law responsibility system.Part three discusses the situation of our country's anti-monopoly law responsibility system. Our anti-monopoly law responsibility system is based on the Anti-monopoly Law, which is promulgated in 2007. Chapter 7 of this law was designed to regulate the responsibilities of monopoly's conducts. Of course it is a big progress to set up the anti-monopoly law responsibility system , but it is no enough. There are still several drawbacks in the Anti-monopoly Law and we have to do much work to make it complete and perfect.Part four discusses the perfection of our anti-monopoly law responsibility system. This part is composed of the systems of civil responsibility, administrative responsibility and criminal responsibility. At first it show the rules of monopoly responsibility in the anti-monopoly law, then it will discuss how to perfect our monopoly responsibility system according to the monopoly environmental features. As a developing socialist country, our anti-monopoly law responsibility system should target administrative monopolies and specific small-scale monopolies and the synthetic system should compromise civil responsibility, administrative responsibility and criminal responsibility at the same time.