A Study On The Executor System Of The Anti-trust Law In China

Anti-trust Law plays very important role in the developed market economy. It is regarded as Free Enterprises'Charter, Economic Constitution and the Cole of Economic Constitution. The development of modern market economy at such a high speed has also provided the evidence that Anti-trust Law is the fundamental legislation device, by which a nation's dirigism makes up for the inherent market deficiency, secures the order of rational competition and maintain economic democracy. Anti-trust Law performs a function in preserving economic competition order, promoting most optimum distribution of resources, and establishing an open and united market. Under the condition of market economics, it is very essential to put the Anti-trust Law and Anti-trust Law-executor's role into full play to ensure a justice and free market economic competition order.This dissertation first introduces the how the current laws of our nation regulate the Anti-trust Law executor and then analyzes the law-executors'deficiency and inadequacy. The paper also has a discussion on the development trend of constitutional plan of Anti-trust Law executor system and the reasonless elements existed.In addition, the dissertation has a primary investigation on the Executor system of the Anti-trust Law of each country. It analyzes the unified and diversified law-executors systems and makes a comparison on their advantage and disadvantage between them, so as to provide the referential sources to Anti-trust Law executor system of our nation. The paper also points out the distinction and similarity of foreign counterparts, which reflects and inspires the establishment of Anti-trust Law executor system of our country.At the end, the author claims the necessity of regulating the position of Anti-trust Law executor plays in the inspection of the wheels of state, the qualification of filling an office, the limits to rights and the procedure of holding a post and vice versa. The Anti-trust Law executor shall be supervised through the combined power of law court and procuratorate.To sum up, the construction of Anti-trust Law executor system relies on utilizing the experiences abroad and the fundamental realities of the country. The basic role, namely,"Economic Charter"can only be exerted through bringing law-executors into effect and their law enforcement behavior being inspected effectively.