Research On The Issues About China Anti-Monopoly Law Enforcement

The life of law lies in its implementation. No matter how good a law is made, if it cannot be applied, it is better than nothing. Nowadays, many discussions are focus on the legislation of Chinese anti-monopoly law, which impulse such legislation. In contrast, articles paying attention to the enforcement of Chinese future anti-monopoly law are inadequate. The enforcement of the anti-monopoly law herein means a state sets up security institution so as to make the law really take into effect. The start point of this article is to have a deep look at the various institutions of different countries which are essential for the enforcement of the anti-monopoly law, the aim of which is to discuss and build such institutions for the enforcement of Chinese anti-monopoly law.This article is mainly divided into three parts. In the first part the author discusses the essence of anti-monopoly law and its role in modern society, and then define the concept of law enforcement. After that, the author discusses the importance of the enforcement of law and the enforcer of law on the basis of the theory of new institutional economics.In the second part, the author divides the anti-monopoly enforcement systems of various countries into judicial-oriented system and administration-oriented system in light of the role the administrative authority and the court plays in enforcement of anti-monopoly law, and the author also examines such enforcement systems in the United States, German and Japan.In the third part, the author, on the basis of the second part, further analyses the administrative-oriented enforcement system, and divides it into three styles: independent quasi-judicial enforcement regime, relatively independent judicialized enforcement regime and administrative controlled enforcement regime. The author thinks that we should learn more from the administrative-oriented enforcement system. On such foundation, the author discusses the establishment of Chinese anti-monopoly law enforcement system, in which the author focuses on the establishment of the enforcement regime of China. The author also analyses the role that the court should play in the enforcement of the anti-monopoly law. Besides, whether establish the system of private litigation and criminal penalty in the draft of Chinese anti-monopoly are also discussed, which is paid little heed by scholars in China at present.Comparison and induction are the mainly methods used in this article. The breakthroughs in this article are in three aspects: first, the author deeply examines the anti-monopoly enforcement systems of above mentioned three countries, and discusses the characteristics of the two kinds of enforcement systems, especially the administration-oriented anti-monopoly enforcement system. Second, the author proposes its own opinion about the establishment of the relevant enforcement regime of China. Third, to enhance the enforcement of Chinese future anti-monopoly law, the author examines and analyses the issues whether the system of private litigation and criminal penalty should be set up in the draft of the Chinese anti-monopoly law.