The Foundation Of Chinese Anti-monopoly Law Enforcement Agencies

Known as the "economic constitution",anti-monopoly law is an important legal tool of controlling and regulating the market economy in the modern market-economic countries. Anti-monopoly law has always been called as "economic constitution" by modern societies in the West.It protects the equal rights of market players' participation in the market competitions and the legitimate rights and interests of consumers,safeguards the fair and free competition environment in the market,promotes the full realization of market's fundamental roles in the allocation of resources,and ensures the healthy and orderly development of market economy by prohibiting the monopoly and other conducts that restrict the market competition,both of which may undermine the mechanism of market competition.Just for the above great roles of anti-monopoly law,it has become one very important economic laws for the modern market-economy countries.China is just during the historical phase when its socialist market economy keeps fast development so that the condition is as nearly same as that of west market-economy countries.At present,Chinese Antimonopoly Law(it's hereinafter referred as Antimonopoly Law) has been enacted and it has conformed to the urgent legislative requirements of Chinese fast economic development,but its contents are still imperfect.In particular,there is no clearly-defined regulations on anti-monopoly law enforcement agencies in this law,which is merely authorized to State Council to regulate.We have to say this is a great shortcoming for this law."Laws alone cannot carry themselves into practice".Although Antimonopoly Law plays the great roles in regulating Market economy,it cann't create a fair and free environment of the market competition by itself,and the realizaing of its great roles rely on the establishment and operation of the independent,authoritative,professional and efficient anti-monopoly law enforcement agencies.There is no such law enforcement agencies, anti-monopoly law is merely a scrap of paper.Therefore,the problem that whether the anti-monopoly law enforcement agencies can be founded scientificly,rationally and effectively or not,has become the core link to the the successful implementation and destiny of Antimonopoly Law in the future.As a result,it is necessary to study this problem deeply. In addition,according to the approval of State Council's,the rights of enforing Antimonopoly Law has been authorized to State Administration for Industry and Commerce,National Development and Reform Commission,and Ministry of Commerce respectively.Although this multi-pattern of anti-monopoly law enforcement has retrieved the lack of Chinese anti-monopoly law enforcement agencies,it has many disadvantages which hinder the effective implementation of Antimonopoly Law greatly.To help getting away from the present plight of law enforement and promote the realization of the historical legislative mission for Antimonopoly Law,it's necessary and urgent to found new,professional and unified anti-monopoly law enforcement agencies.Consequently,there exists a great realistic meaning for this problem.In this article,I'll firstly do some basic and theoretical research on the concept, characteristics and other problems of the anti-monopoly law enforcement agencies.Then,I'll summarize and analyze the the successful experience of foreign countries on the foundation of anti-monopoly law enforcement agencies.Next,I'll put forward the requirements and design concepts on China's anti-monopoly law enforcement agencies by refering to the above foreign countries' successful experience and analyzing Chinese conditions such as the present situations of anti-monopoly law enforcement agencies and monopoly and so on.Finally,I'll illustrate the design requirements and concepts on Chinese anti-monopoly law enforcement agencies in detail.