The Research On Constructing And Improving The Anti-monopoly Law Enforcement Agencies Of Our Country

August30,2007,the 29th meeting of the tenth National People's Congress StandingCommittee adopted the anti-monopoly law of people's republic of china which shallgo into effect as of august 1,2008. The article1 of anti-monopoly law says"the Law isenacted for the purpose of guarding against and curbing monopolistic conduct,protecting fair market competition, enhance economic efficiency, maintaining theconsumer interests and the public interests ,and promoting the healthy development ofsocialist market economy".As an important role of the legal system to protect marketcompetition, maintain the competition order, and give full play to the market inallocating resources, the anti-monopoly law will have an important impact on China'seconomy. But the life of law lays on its implementation, so does the anti-monopolylaw. The life of the anti-monopoly law depends mainly on anti-monopoly lawenforcement agencies'behaviors, so anti-monopoly law enforcement agencies'statusamong the relevant law enforcement agencies ,its organizational structure and powerare particular important. Anti-monopoly law enforcement agencies positioningaccuracy, organizational structure reasonable and appropriate power are the importantguarantee to achieve the legislative purpose of the anti-monopoly law.Anti-monopoly law adopts the Anti-Monopoly Committee and the State Council'santi-monopoly law enforcement agencies (double enforcement model) to fulfill anti monopoly law. However, there are many problems, such as what's the nature of theanti-monopoly committee; the provisions of the anti-monopoly law enforcementagencies are fuzzy; the duties of anti-monopoly law enforcement agencies are notdescribed; Anti-monopoly law does not clearly define the "anti-monopoly lawenforcement agencies" is the creation of a new agency, or which of the existinginstitutions; Anti-monopoly law enforcement agencies are set up in existingadministrative departments, or separate to set up an independent law enforcementagencies and est.There are four parts in this paper except for introduction and conclusion.Chapter1, a brief introduction to the anti-monopoly law enforcement agencies.The author, firstly demonstrated the necessity to set up anti-monopoly lawenforcement agencies from aspect of the nature and the mission of anti-monopoly law,then, introduced the definition of the anti-monopoly law enforcement agencies and itsspecific meaning in this paper, finally, listed the main theoretical viewpoints to setanti-monopoly law enforcement agencies.Chapter2, Comparative Study on anti-monopoly law enforcement agencies ofrepresentative countries and regions. The author firstly introduced the anti-monopolylaw enforcement agencies in the United States, Germany, Japan, Russia, South Koreaand China's Taiwan, then, comparatively analyzed the setting of anti-monopoly lawenforcement agencies, the relationship between Anti-Unfair Competition lawenforcement agencies and that of anti-monopoly, the nature of anti-monopoly lawenforcement agencies in those countries and regions. Finally, the author summarizedthe common features of anti-monopoly law enforcement agencies in the said placesthat are high status, independent, powerful, authoritative and professional.Chapter3, discussing the theory and practice of anti-monopoly law enforcementagencies in China. Firstly, the author summarized the related laws and regulations andthe specific enforcement circumstances before anti-monopoly law goes into effect, andpointed out the disadvantages of current anti-monopoly law enforcement agencies.There are no independent, professional, powerful, authoritative enforcement agencies.Too many enforcement partied caused law enforcement powers not clearly demarcated and damaged the unity and authority of law .Besides, the power of law enforcementagencies is limited. Secondly, the author discussed the four main theoreticalviewpoints to set anti-monopoly law enforcement agencies. Finally, the authordiscussed the anti-monopoly law enforcement agencies described in the anti-monopoly,analyzed the double enforcement model and pointed out the shortcomings.Chapter4, thinking of constructing and improving the anti-monopoly lawenforcement agencies of our country. Through the above analysis, in order to solve theproblem of current anti-monopoly law enforcement agencies and the ambiguity andshortcomings of anti-monopoly law enforcement agencies under anti-monopoly law,the author proposed its idea of setting anti-monopoly law enforcement agencies.Firstly, the author discussed the factors needed to take into account during the settingthe anti-monopoly law enforcement agencies. Then, the author proposed its idea ofsetting anti-monopoly law enforcement agencies form the aspects of the status, thequantity of enforcement agencies and its branches, the internal structure and staffing,the power and the function to foster competition and create the market during the timeof the economies in transition. Finally, the author discussed the relationship betweenanti-monopoly law enforcement agencies and anti-fair law enforcement agencies,industry supervisor organization, people's court.