The Research On The Construction Of Anti-monopoly Administrative Law Enforcement System Of China

It is a general rule that every country regulates its competition policy with Anti-monopoly Law Anti-monopoly Law has an important position in the Law system. It is indispensable in building and safeguarding the order of market competition, advancing and strengthening the economic democracy and freedom. The key to carrying out Anti-monopoly Law effectively is to set up scientific, reasonable and effective administrative enforcement system of it. The essay discusses some about how to set up the administrative enforcement system of Anti-monopoly Law. There're three parts in the essay:Part one mainly studies the overseas administrative enforcement system of Anti-monopoly Law. There're three patterns about administrative enforcement system will be introduced in this article: a, the pattern of two administrations; b, the pattern of administration and consultant; c, pattern of pure administration.The pattern of two administrations is adopted by the United States and France. The pattern of administration and consultant is adopted by Germany and British. The pattern of pure administration is adopted by Japan and Korea. Through introducing the threes models, the author summarizes the features of overseas administrative enforcement system, there are principal of balance, principal of independence and principal of profession. After discussing the patterns of the administrative enforcement system, the author gets the systems feature and tide : the principal of separation and balance, unity and efficiency; The personals is strictly empanelled, define its function and powers; Pay attention to the procedures and promote the transparency in the law enforcement.Part two discusses the theory and practice of the administrative enforcement system of Anti-monopoly Law in China. First, the essay introduces the administrative enforcement system of Anti-monopoly Law in China, In China, there has been the system that the governmental body of industry and commerce administration is majority and the other concerning administrations are assistants. and expounds on the defects of the system that can't be overcame by itself, these defects are: the law enforcement organ is inferior and lack of independence; the function of law enforcement organ is inconsequence; the quality of personal in law enforcement is unprofessional; un-unit law enforcement organ decrease the authority. Second, the author elaborates and appraises the academic outcome about the system in China, and expounds author's position and its reasons. At last, author introduce the draft of anti-monopoly law of China, including setting up special administration to enforce the Anti-monopoly Law or not, how to build the administration, the authority of the administration, and the relationship between the administration and the other government organizations.Part three probes into how to build the administrative enforcement system of Anti-monopoly Law. At first, the essay inquires into the factors that affect building the system, author thought that such elements should be considered: a, the characters, function and regulate objects; b, competition legislation models; c, the existing law enforcement; d, the trend of anti-monopoly organ of all over the world; e, the situation of China. Second, author expatiate the principals on construction of anti-monopoly administrative law enforcement system, including creating and using the experience, democracy and reasonable, keen witted and capable and efficacy, independence and authority. In the end, the author puts forward his proposals on how to build the administrative enforcement system of Anti-monopoly Law in our country. The macrostructure of anti-monopoly should change its functions and organs. a, anti-monopoly and anti mal-competition should take by different governmental organs; b, build a new special government organization to enforce the Anti-monopoly Law; c, endow the new special government organization the unique power to enforce Anti-monopoly Law; d, the new special government organization should not be setup in every level government. The organization should be collegial and be under the command of the Council of State. The enforcement organizations of the Anti-monopoly Law and the Anti-unfair Competition Law should exist simultaneously. The enforcement organization should have the investigative power, the examination and approval power, the administrative penalties power, the quasi judicial power and the quasi-legislative power, etc. In order to construct the anti-monopoly system, the anti-monopoly organ should celebrate with the economic administration, industrial supervisor and the court.