A Study On The Establishment Of Antimonopoly Law Enforcement Authority

Antimonopoly law can not be effect without a scientific, authoritative, and independent law enforcement authority. Scientific establishment of antimonopoly law enforcement authority is an important issue in establishing China's antimonopoly legislation. The lack of which has become a big hurdle in enforcing antimonopoly law in China. In this article, the author described the origin of Antimonopoly law enforcement authority, starting with its birth and development in the United States; analyzed its internal value and responsibility, and provided theoretical basis for its scientific establishment. In addition, through comparative analysis on the establishment of antimonopoly law enforcement authority in the U.S., Japan, Italy, Germany, South Korea, and Russia, common characteristics in establishing law enforcement authority in these different countries were found: established by law, scientific and reasonable, high status, independent authority, professional workers, and powerful enforcement. These principles are important lessons that we should learn in establishing our antimonopoly law enforcement authority in China. Further, taking consideration of China's reality, the author analyzed all the necessary conditions in establishing "Chinese Style" antimonopoly law enforcement authority that not only incorporate the common characteristics listed above, but also meet the requirements for anti-administrative -monopoly, and be appropriate for current economic development and political framework, and reiterated the shortcomings in the current antimonopoly law enforcement authority. Finally, the author analyzed in detail the advantages and disadvantages of the "double-framework" proposal on law enforcement authority in <>, and proposed that antimonopoly law enforcement authority in China should be based on current administrative and legislative framework, and should set up separately the National Antimonopoly Committee, the Antimonopoly prosecution and the Antimonopoly Appeal Court, based on the same principles in separating legislation, law enforcement, and Justice Department. These 3 units need to work collectively to enforce Antimonopoly Law.