Antitrust And Administrative Law Enforcement System

It is a general rule that every country regulates its competition policy with Anti-monopoly Law. Anti-monopoly Law has an important position in the Law system. It is indispensable in building and safeguarding the order of market competition, advancing and strengthening the economic democracy and freedom. The key to carrying out Anti-monopoly Law effectively is to set up scientific, reasonable and effective administrative enforcement system of it. The essay discusses some about how to set up the administrative enforcement system of Anti-monopoly Law. There're three parts in the essay:Part one mainly studies the overseas administrative enforcement system of Anti-monopoly Law. There're two patterns about administrative enforcement system: the pattern of quasi-judicial agency and the pattern of pure administration. The models of quasi-judicial agency pattern are the United States and Japan. Through introducing the model, the author summarizes its features. The models of pure administration pattern are German and Taiwan. After discussing the patterns of the administrative enforcement system, the author gets the systems feature and tide: determining its administrative enforcement system of Anti-monopoly Law with law form directly, making the enforcement administration of Anti-monopoly Law independent and powerful, the special personal of the administration and rendering the administration powerful enforcement means.Part two discusses the theory and practice of the administrative enforcement system of Anti-monopoly Law in China. First, the essay introduces the administrative enforcement system of Anti-monopoly Law in China and expounds on the defects of the system that can't be overcame by itself. In China, there has been the system that the governmental body of industry and commerce administration is majority and the other concerning administrations are assistants. Second, the author elaborates and appraises the academic outcome about the system in China, including setting up special administration to enforce the Anti-monopoly Law or not, how to build the administration, the authority of the administration, and the relationship betweenthe administration and the other government organizations.Part three probes into how to build the administrative enforcement system of Anti-monopoly Law. At first, the essay inquires into the factors that affect building the system, such as the economic conditions, the features of the Anti-monopoly Law, the existing government organizations, the competition legislation style and the general rule of the administrative enforcement system of Anti-monopoly Law in other countries. Then, it elaborates the principles for building the system, including creating and using the experience, democracy and reasonable, keen witted and capable and efficacy, independence and authority. In the end, the author puts forward his proposals on how to build the administrative enforcement system of Anti-monopoly Law in our country. The author thinks that we should build a new special government organization to enforce the Anti-monopoly Law, and the organization should be collegia! and be under the command of the Council of State. The enforcement organizations of the Anti-monopoly Law and the Anti-unfair Competition Law should exist simultaneously. The enforcement organization should have the investigative power, the examination and approval power, the administrative penalties power, the quasi-judicial power and the quasi-legislative power.