| Administrative enforcement is an important means in the implementation of antimonopoly law, and the problem of law enforcement agency is the prerequisite. There is no special antimonopoly law in the past in China, but there is some relevant antimonopoly rules stipulated in the law of anti-improper competition, and the enforcement agencies of these rules are also ascertained by this law. As the society and economy developing, there will be a new antimonopoly law in China, and the enforcement agency of the law should be adjusted accordingly. So the study of relevant problems is necessary.There are many administrative agencies who are taking part in the enforcement of antimonopoly law, we can divide them into two tears, the special and non-special, they play different roles in the process of enforcing the antimonopoly law. Author analysis and study each sort of these agencies and their enforcing effects, then analysis and estimate the situation of China, gives out some useful suggestions.Part one studies special enforcement agencies specifically through the studying on how these agencies work abroad. As author knows, there are always special antimonopoly agencies in foreign countries. Such agencies are authorized, and independence, specialty and Comprehension are also emphasized, so as to guarantee antimonopoly law to be enforced effectively.Part two studies the non-special enforcement authorities; author argues the powers of these authorities should be strictly defined, so as to guarantee the domination of the special agency.Part three studies the current situations of China. Comparing with the abroad, we have no authorized, independent and specialized enforcement agency of antimonopoly law. Although there are many agencies that are playing some roles in the enforcement of the law, none of them have enough powers.Part four is the most important part of this paper, it is about the thought of the enforcement agencies of China in future.Firstly, author thinks that we should fully think of the antimonopoly law and antimonopoly policies, the specific situation of China, as well as the moderntheories and experiences of other countries before we establish our own enforcement agencies.Secondly, author thinks that there should be a special enforcement agency of antimonopoly law, being charged by the head of it, which has been existed in the past For the seek of authority and independence of the agency, author thinks that such an agency should be leaded directly by the Council, and its independence should not be influenced often; as for the specific organization, there should be more functional departments, so as they can work together efficiently. What' s more, the quality and quantity of the members of the agency should also be emphasized. As for the function and legislation of the special agency, the new antimonopoly law should stipulate definitely. What' s more, the newly established agency should be given more comprehensive powers, so as it can enforce the law effectively.Thirdly, as to the establishment of non-special agency, author thinks the antimonopoly law should ascertain it directly and there should be less agencies taking part in the process of the enforcement of antimonopoly law. Furthermore, such agencies should be confined in some special professions.Finally, as for the relationship between special and non-special enforcement authorities, author thinks the special one should be the fiindamental, at the same time, give other authorities some power of enforcing the law, but defining the legislation of them strictly, so as to guarantee the efficient work of antimonopoly law. |
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