Research On China's Implementation Of The Mechanism Of Anti-monopoly Law

Anti-monopoly law, which maintains free and fair competition order, is one of the basic laws of modern market economy. Effective function of anti-monopoly law relies on the implementation mechanism. The Implementation mechanism of anti-monopoly law should include the anti-monopoly authority, implementation Procedures, and anti-monopoly liability system and so on. The People's Republic of China anti-monopoly law has been promulgated, but the relevant provisions in this area also need to improve. As the anti-trust law of each country has its own implementation mechanism, this can be referenced to improve China's implementation of the mechanism of anti-monopoly law.Except for the introduction, this article consists of four parts. Details are as follows:Mainly based on basic concepts of law, the first part elaborates the concept of Implementation mechanism of anti-monopoly Law and its value goal from multiple angles.The second part of the research focuses on the anti-monopoly authority. First, with Comparative analysis among the implementation mechanism of Japan, the US and other typical counties, we summarize the pros and cons of these mechanisms. Secondly, we analyzed the anti-monopoly law enforcement in China. Finally, depending on the actual condition of China, recommendations which how to set the anti-monopoly authority in China will be given in this paper.Part III focuses on the implementation of procedures for anti-monopoly law. Antitrust implementation process can be divided into the administrative procedures and judicial procedures. As the specific socio-economic life and legislative background have diversity in the worldwide, there are more differences in the administrative procedures and judicial procedures. Based on the comparative analysis, we put forward the improvement measures of implementation procedures for the future.The fourth part concerns anti-monopoly liability regime. Liability is an important legal concept. Any of a law must have its corresponding legal liability system. Anti-trust legislation should be compatible with its legal liability system. By comparing the analysis of different anti-monopoly t liability system and drawing on previous research results of outstanding, we provide some suggestion on the anti-monopoly t liability system in this chapter.