On The Enforcement Organ Of Anti-Monopoly Law In China

The Antimonopoly Law is one of the basic laws of modern market economy which takes keeping the competitive order freely and fairly as its own business. It cannot play an effective role until an authoritative and independent law enforcement agency set up. The scientific establishment of Antimonopoly Enforcement Agency and the rational determination of its duty is a key component of the antimonopoly legal system building in our nation, as well as an important question in the subject of Administrative Managerialics and Administrative Jurisprudence. All countries show no difference in setting in a specialized agency responsible for the implement of the Antimonopoly Law, however, there is no fixed model in specific system. It must be in consideration of several factors which include feature, mission and regulative object of the law, competitive model of legislation, present condition of relevant institutional set-up and experiences drawing from abroad. Besides, it should follow the principles in the contents of science and with reason, high capability and efficiency, authoritative management and independence. According to this, the direction of reformation should be changed from the current Enforceable Model of Duality or Ternary to concentrated one, and conform the enforcement function of Administrations of State which administrate by the three ministries and commissions into a unified agency. This agency can be called as State Antimonopoly Administration, which is affiliated with the State Council, an organizational system of ministry which exercises right of investigation and inspection, right of examination and approval, right of administrative punishment, right of administrative coercive measure and right of administrative jurisdiction authorized by the State Council. The agency has right to directly handle the anti-competitive practices made by departments of the State Council and local government. The organ can be divided into three levels: the Central Government, the major region of the country, such as northeast, northern China, northwest, eastern China, central China, southern China and southwest and so on, and the provincial government. The relationships between each level are vertical integration with no subjection between local governments.