Research On Anti-monopoly Law-enforcement System

Anti-monopoly law is a basic Law which safeguards economic democracy and economic freedom, so people call it the economic constitution. Whether it can promote economic development and be fit for the legislative intent is related to the quality of law enforcement after enacted. In certain social circumstance, it first requires an appropriate anti-monopoly law enforcement agency, so do substantial and procedural rules.In this paper, I introduce the formation of the anti-monopoly law enforcement system and the meaning of the anti-monopoly law enforcement. After several issues of the anti-monopoly law enforcement system were studied, I found similarities from the anti-monopoly law enforcement holders and the basic procedures of United States, Japan and the European Union and analyze the anti-monopoly law enforcement holders and the basic procedures of the current draft for handling cases. The principles of the law enforcement were discussed briefly, too.There are four parts in this paper besides introduction and conclusion.Chapter 1, the implementation of the anti-monopoly system outlined. There are introductions of the formation of the anti-monopoly law enforcement system, the concept of anti-monopoly law enforcement, the similarities and differences between the anti-monopoly enforcement and the justice and define the scope of this study.Chapter 2,. the anti-monopoly law enforcement agencies and enforcement procedures of the U.S., Japan and European. United States, Japan and European anti-monopoly enforcement are different in bureau setting, but got independent, authoritative and professional similarities. Through the details of the three law enforcement procedures, we can come to the conclusion that they all got the file, investigation, trial in the basic procedural of enforcement.Chapter 3, the current anti-monopoly law enforcement agencies and enforcement procedures in our country. Due to the current multiple anti-monopoly law enforcement, This chapter introduces the setting up of the industrial and commercial administrative departments and functions and its procedures for the handling of the case, and I made a brief reference to the experience of other countries.Chapter 4, improving the anti-monopoly system of administrative law enforcement of our country. In view of some of the problems that existed in the current anti-monopoly law enforcement. I think that the principle of the anti-monopoly law enforcement should be implemented throughout the process thoroughly. The principles are the soul of the anti-monopoly enforcement. China's anti-monopoly law enforcement should be implemented in fair, open and efficient principles.Anti-monopoly law draft (NPC Standing Committee, the first script) provided the enforcement of anti-monopoly regulations for enforcement bodies and process. Bill is good on the whole, drawing on many priority systems. But there are big defects in the rules of the law enforcement bodies and the procedures, comparing the characteristics of the law enforcement agencies, the general enforcement procedures. Draft procedures will be provided from the vertical and horizontal comparison between the draft and foreign law to identify the need for improvement.