Research On Public Enforcement Mechanism Of The Anti-monopoly Law In China

Anti-monopoly law is the basic law of market economy, which has important significance in establishing and maintaining the free and fair market order. The life of law is that it is implemented. Law enforcement mechanism is an important guarantee for the implementation of laws. Because of the uncertainty and the public nature, the anti-monopoly law relies more on the public implementation. Most of the developed countries have enacted anti-monopoly law and also established a fairly mature public enforcement mechanisms.China anti-monopoly law has been promulgated for nearly two years, but the practical effect of monopoly regulation does not seem satisfactory, "Antimonopoly Law" built "two-tier, multi-agency" mechanism of public implementation is not consistent with the main trend of the world. There are many questions such as:the nature of the Antimonopoly Committee is not clear, not significant; the long absence of law enforcement leads to the conflict; law enforcement agencies are not clearly defined regulatory authorities and industry conflicts of jurisdiction; justice mechanisms can not effectively check the administrative rights. These issues make the implementation of China's current anti-trust mechanism in the face of the most severe natural monopoly and administrative monopoly phenomenon in China's public market, appeared to be inadequate. It is urgently needed to reform the public implementation. However, reform of the mechanism is not able to be accomplished overnight, because of China in economic transformation, it is difficult in the short drawbacks of traditional culture and the negative impact of the administrative system, institutional reform faces many external obstacles, but the reform must also consider cost-effective investment too large or behavior likely to lead to radical reform of mechanisms for running paralysis.Therefore, based on the implementation mechanism of the advantages of foreign experience in public inspection and analysis of their specific circumstances, that the Chinese anti-monopoly of public enforcement mechanisms need to be resolved is how to do for anti-monopoly law enforcement agencies to ensure the independence and authority, how to delink law enforcement from activities and local interests. Based on this idea, the author recommends maintaining the existing implementation mechanism in the general framework of optimization measures and put forward the following mechanism:1, strengthening the role of the Antimonopoly Committee; 2, the existing law enforcement agencies responsible for implementing anti-monopoly affairs, Secretary, Board independent, as the State Council, the management of the. State Council ministries and commissions, the implementation of vertical management, to de-link with local interests; 3, law enforcement agencies to share law enforcement and industry regulatory authorities the right to consult law enforcement; 4, the establishment of specialized courts for judicial review of antitrust cases and strengthening the court to introduce professional training of personnel.