Research On Antitrust Law Implementing Agency

Antitrust law has long been known as "the Constitution of the reputation economy". Whose antitrust truly practical in the order need to establish an authoritative to make to maintain free and fair competition, independent of the law enforcement agencies, more difficult for us to do a little antitrust legislation and law enforcement experience. Its primary cause lies in the antitrust law to have the big uncertainty, It causes the antitrust law implementation process will produce some distance with the antitrust legislation, so that the implementation process of antitrust metada students ,independent have certain characteristics of the track.This kind of uncertainty remains to be performed in their law enforcement agencies in the process of them, and therefore antitrust law enforcement agencies in antitrust legal system in a very important position.how to set the current antitrust law enforcement agencies, there are three main writers'academic dictums: " reset "," the existing institutions " and " the Judiciary "said .the final adoption of the antitrust bodies the "antitrust Committee " and " antitrust law enforcement agencies " bileve schema model. "antitrust Committee"is constitution by the State Council and the relevant departments ,in charge of"leading, organization, coordination " antitrust work". " antitrust law enforcement agency" is responsible for the specific law enforcement. It is "3 + x" ," 3 "refers to the pattern, antitrust Bureau, Ministry of national development and the price of supervision and Inspection Department and guiding opinions of the antitrust and unfair competition law enforcement Council."X" refers to every other industry specific management departments, regulators, authority, for example, electric, the SFC, and so on.This setting to take into account our existing institutions of the distribution of power justified,It extent consistent with the anti-administrative monopoly to avoid the Antitrust Law enforcement power.but there are obviously inadequate, and that is the right to law enforcement Division of labour is not clear, limb of warrying enforcement capability, enforcing the right to be separated compression cannot be fully effective regulation of the Executive and the monopolies.In order to display the antitrust law enforcement agency f ability, we should learn from the United States antitrust law enforcement agencies play a leading role in the courts, the implementation of diversity or decentralized agencies, and law enforcement agencies to emphasize the independent division of labor, power, process control characteristics, Germany and give full play to quasi-independent administration of the characteristics of the role of law enforcement agencies. Construction of freedom, democracy, fairness, efficiency, consumer welfare maximizing the effectiveness of the community as a whole for the value of goal to the fundamental principles of flexibility, given the Antitrust Committee of quasi-legislative power, supervision, specialized law enforcement agencies the right to administrative law enforcement, quasi-judicial the right industry at the same time authorized to be conducted under the supervision of the antitrust regulatory agencies. Eventually formed by the elite professional and efficient law enforcement officers, and has a strong law enforcement methods and an independent law enforcement power, the administration and law enforcement powers to effectively supervise the conduct of checks and balances, the court antitrust ruling administration has a right to judicial review, the administration of justice institutions and law enforcement agencies in administration of mutual checks and balances system of anti-monopoly law enforcement agencies. Really make antitrust law enforcement agencies under the antitrust law and the details of implementation of various guidelines and a reasonable interpretation of the law, safeguard the national competition policy, and with other government regulation and control means to coordinate the maintenance of the national industrial policy to safeguard the free and fair market competition, achieve socio-economic sustainable development, the purpose of maximizing national welfare.