The Enforcement Of China's Anti-monopoly Law

The life of law lies in enforcement. The effective enforcement of anti-monopoly law depends on building perfective and practicable enforcement. After decades of brewing, China's anti-monopoly law is finally promulgated. But the law pays more attention on the entities than proceedings, many provisions of the current anti-monopoly law are general, adopt a public enforcement which has many institutional problems. So if we can't perfect the enforcement system, the effective enforcement of anti-monopoly law will become a bubble.For the present situation, we need to research enforcement of anti-monopoly law. Basing on the research of enforcement's importance, link other countries and regions experience, china's practice and the international development trends of anti-monopoly, this article will try to design a specific and feasible enforcement system, then anti-monopoly law can realize the role of"Economic Constitution". The article is divided into four parts, and the main contents are as follows:Firstly, beginning with law enforcement, Study some questions of the enforcement of anti-monopoly law, like the connotation, importance and the main. Enforce anti-monopoly law, means that country sets up all kinds of security system, including private public actively and effectively enforce the anti-monopoly law, in order to make anti-monopoly law follow-up and implementation in the social life. Here from the view of the overall rule of law and the new institutional economics, demonstrates the importance of enforcing anti-monopoly law. According the nature, the enforcement mains can be divided into specialized administrative agencies, courts, and private main. Specialized administrative agencies are established by the State, are the core strength of the implementation of anti-monopoly law; the court also plays the role of neutrality; private main are the main target of anti-monopoly law, also they are beneficiaries from the anti-monopoly law acting, important stakes make private main become the crucial institutional factors to promote the enforcement of anti-monopoly law.Secondly, through researching different aims of anti-monopoly law in American and European Community, the passage studies the evolution of the enforcement system, points out that the aim of the anti-monopoly law decides the choice of enforcement system. Analysis focused on our country's enforcement system (single enforcement system) which is under multi-aim of anti-monopoly, and many defects under the existent enforcement system. Then point out that the aims of China's anti-monopoly law include the suppression of monopolistic behavior, the maintenance of competition, the protection of economic efficiency, and safeguard the interests of consumers. Defects of China's anti-monopoly law are as follows: not enough independence, authority, professionalism of anti-monopoly authorities, inadequate of independence and professionalism with court, lack of private enforcement.The next, starts with the basic concepts of enforcement of anti-monopoly law, the enforcement type, the division of enforcement system, and this part inspects the United States, Germany, Japan's enforcement of anti-monopoly law. Particularly, explores the relations of private and public enforcement, not only conflict between the two ways, but also comply with each other, and points out that the private enforcement plays an important role in the enforcement of anti-monopoly law. In addition, through study the European Community, Germany, Japan's enforcement of anti-monopoly law's international development trends, points out that the trend of the enforcement of anti-monopoly law has become to the dual system at present. And, at the end of this part, sums up a few points of suggestion which will be good for building our country's enforcement of anti-monopoly law.Finally, Here combines with China's situation, draws on national legislation and practical experience, and then puts forward the suggest which can perfect the enforcement of our country's anti-monopoly law. This passage thinks that our country should go with the tide, establish the dual enforcement system of anti-monopoly law, and envisage to build and improve the specific system: enforcement of administration agencies should have the nature with independence, authority, quasi-judicial, should strict the entrance conditions of law enforcement officers, Coordinate the rights conflict between the anti-monopoly law enforcement agencies and other inter-department, but we should notice that unified enforcing the anti-monopoly law is the principle, other departments as the exception; The court system should ensure the professionalism and the relative independence; In particular, our country should introduce private enforcement system, establish group litigation system, take times damages system which will be suitable to our country; In addition, improves the criminal sanctions which will be effect to against administrative monopoly of our country, and then exerts the deterrent role of the anti-monopoly law.