Comparison On Implemental System Of Competition Law Between Europe And China

Competition is considered as the key to the market economy. Therefore, competition law is an essential part for the modern legal system. In Europe, competition law has been taking a crucial role in unifying economy as well as stabilizing politics. Compared with the counterpart of other countries and international organizations, the European competition law is more sophisticated with typical merits.As we all know, the draft of Chinese antimonopoly law builds both substantial clauses and implemental system with the benchmarks of the European competition law model. Based on the fact, the comparison drowned with Europe regarding the implemental system will be great valuable to further improvement of our competition law in this issue.A great number of researches in the competition law literature focus on the substantial aspect, but little attention is given to the questions how the related organizations implement such regulations as well as measure, methods and process adopted, which is a big pity by perspectives of both theory and practice.Briefly, the implemental system of competition law is very specialized, including the setting of organization and running system. The enforcement of law is combined closely with the administration of judicature.The thesis focuses on the implemental system of competition law. It begins with the legislation model and substantial aspect of European competition law, investigating particularly the setting of organization including two main parts (Commission and Court of Justice) and two levels (Commission and department in charge of competition in the countries of Europe), as well as enforcement of law and administration of judicature. The second part of thesis will examine the problems existing in the implemental system of competition law in our country. A comparative study will be conducted between China and Europe in aspect of legislation, enforcement of law and administration of judicature. Thirdly, the reliable comparison with Europe should take account of such fundamental differences as history, characteristics of market economy, politic form and structure of law in each setting. Finally, based on the forgoing analyzing on the defects in the draft of Chinese antimonopoly law, the last part makes some suggestions and implication on how to improve the implemental system of out competition law.At present, the Chinese antimonopoly law has been drafted and now in the process of censoring and checking up. The author believes the research of competition law's implemental system is helpful to make a specified and scientific antimonopoly law, which will provide strong guarantee for further reform of the national economy, making equal competition environment, promoting international commercial activities and technology as well as maintaining the dynamics of economy development in China.