The Research Of Anti-Monopoly Quasi-Judicial Organ

As a institution whose function is coping with the increased complexity and specialty of modern social economic, quasi-judicial organ has been adopt as the most important institution type by many countries in their systems of enforcement for anti-monopoly law. In china, although lots of scholars suggest constituting a quasi-judicial organ to implement the anti-monopole law , we seldom find a deep-in research of the conformation of this institution. The purpose of the dissertation is to supply this gap, and to demonstrate the construction of a Chinese characteristic quasi-judicial organ by taking the china condition into account, and ultimately to realize the anti-monopoly law's legislative purpose that is protesting the competition.The introduction of the dissertation educes the academic and practical meaning of the research of the anti-monopoly quasi-judicial organ(AQO), and then sums up several main problems to be demonstrated. The first chapter is to "interpret the title", and to analyze the non-academic concept of "quasi-judicial" in an academic logical path. At the same time, it explains the intension and extension of "quasi-judicial" under the context of anti-monopoly law, and then defines the meaning of "AQO" under the dissertation, which establishes foundation for the following text.The purpose of second chapter is to expound and analyze the conformation of AQO via the following three aspects: Firstly, for the system logic, AQO is the explanation for the theory of administrative right expansion and judicial right commission, so that reflects the justification of the system. Secondly, for the system merit, AQO is the system provision as the response to the lowly-efficiency of administration and the uselessness of judicatory, thus it accounts for the necessity of the being for AQO. Thirdly, for the system gift, AQO is the perfect integration from the highly-efficiency and flexibility of administration and the equity and transparence of judicatory, this shows the rationality for operation and development of the system. Thereby, in a conclusion, AQO bear a significant practical value, which will have a positive effect upon the enforcement of Anti-monopoly Law.The content of the third chapter is classifying research for AQO. In this chapter, I sort the foreign AQO into three types: semi-administration type, committee type separated from administration, and committee type inside administration. After that, this chapter presents and analyzes these three types by comparing these three sorts of typical country, and seeks and concludes the similarities and differences among them. Furthermore, besides the introduction of the system, the dissertation tries to interpret the political, economical and social background of the formation of AQO in each country by dynamic analysis.After classifying research of the third chapter, I try to answer the reason why the similarities and differences of the three types of AQO come into being, and induce the constant and variable element in the fourth chapter. From that, I consider "independence", "authority" and "efficiency" as the constant element of AQO in the aspect of philosophy for designing the system. Moreover, in the aspect of implementation mechanism, "all-around jurisdiction", "trial like a tribunal" and "judicial decision" are the integrant constant element in the course of designing AQO system. At the same time, the existent institution system, administrative and judicial tradition, degree and custom of government intervention in economic, atmosphere of competitive culture, and variability from legislation transplantation are the five variable elements which affect the designation of AQO.In the fifth chapter, combining with china's situation, I demonstrate the localization of AQO in the way of "optimum condition- reality-approach". Firstly, I express that my academic ideal is to establish a AQOof committee type inside administration——Antimonopoly-lawCommittee of State Council. Secondly, I analyze the advantageous and disadvantageous elements for realize this ideal in view of the constant and variable element sum up in the fourth chapter. Finally, I bring forward some measures and advice to realize the ideal from reality. In the conclusion, I raise the purpose of the dissertation, suggesting that the establishment of AQO can contribute to the salvation of realistic problem with which China Antimonopoly-law may face.