Study On The Surcharge System Of Anti-monopoly Law In Japan And Enlightenment To Our Country

The"Anti-Monopoly Law of People's Republic of China"was adoptedand published at the 29th meeting of the Tenth National People'sCongress Standing Committee on August 30th, 2007, which will go intoeffect by August 1st , 2008. As one of the important laws forprotecting market competition, safeguarding the order of marketcompetition, giving full play of the fundamental effect of market onallocation of resources, the introduction of"Anti-Monopoly Law"will have an important impact on the market economy of our country.However, the legislation alone is far from enough, the life of lawlies in the implementation, thus the significance of the design ofimplementation system is self-evident for the smooth transition from"paper law"to"live law". Currently, our country is lacking ofsufficient study on theoretical and practical study on anti-monopolylaw, so learning from foreign advanced legal system may be a shortcut.In succession to the advanced experiences of Anglo-American lawsystem, which is represented by America, and continental law system,which is represented by France and Germany, Japan establishedsurcharge system based on its situation, which is an implementation system of anti-monopoly law with Japanese features. As a newlydeveloped system, it has become a powerful tool of enforcement ofJapanese anti-monopoly law. Meanwhile, because of the existence ofsimilar enforcement systems of anti-monopoly law in main countries ofthe world, it is favorable for making up disadvantages and learningfrom advantages from each other, in order to achieve jointdevelopment. So surcharge system is important to the establishment ofa sound, high-level, and international enforcement system of antimonopolylaw.In addition to the introduction and conclusion, there are four parts,which are summarized as follows:Chapter one is the summary of the surcharge system. Because surchargesystem is product of localization of Japanese anti-monopoly law,which was first created by Japan, comprehension of the system is notin depth for many people. In this chapter, from the creation anddevelopment of surcharge system in Japan, the relevant concept of thesystem and its enforcement procedure are introduced in detail, for apreliminary understanding.Chapter two is appropriateness of surcharge system. Following theprevious chapter on the summary, this chapter is mainly from theangles of efficiency and fairness, two basic values of anti-monopolylaw, legislation of anti-monopoly law of every country andenforcement practice in Japan, and comparison between surchargesystem and other types of responsibility of anti-monopoly law ofJapan to demonstrate the appropriateness of surcharge system. Chapter three discussed the comparison between surcharge system andadministrative fines stipulated in our anti-monopoly law. The chapterCompares surcharge system with the times than the amount of fines ofour anti-monopoly law, which is similar to the surcharge in eightaspects, such as concept, the principle of establishment, function,setting forms, the object that is imposed and so on, to find theprogress and inadequacy of times than the amount of fines of ouranti-monopoly law,on the basis of comparison.Chapter four discussed the revolution and enlightenment of"surcharge"system. Though the introduction of the revolution of"surcharge"system in 2005, it is meant to clarify a fundamentalview as follows: Japanese anti-monopoly law has been continuouslyrevised in practice, countries that have relatively advanced antimonopolylaw have all experienced such a process. The advancedexperiences shall be absorbed in"Anti-Monopoly Law"of our country;the enforcement system shall be revised and perfected in supportinglaws and regulations, so as to achieve sound effect in practice.