On The Antimonopoly Law To Improve The Implementation Of The System,

This text,article,etc.chiefly is the perfect question that our country anti- monopoly law implementation system was discussed in the angle of view from compasses system administration monopoly." anti- monopoly law" of our country on August 30th,2007 is decided by vote through the whole nation Standing Committee of the National People's Congress,and this law is regarded administration monopoly one of object of compasses systems,and with specially one chapter was listed the person who should prohibit administration monopoly action and is set up the corresponding law duty.To great extent this indicates that our country " anti- monopoly law " is not only taking on the assignment of compasses system economic nature monopoly,has also taken on the arduous assignment of compasses system administration monopoly.As for the harm of administration monopoly,the recognize of our country at the beginning of reform and open,so the putting into effect of" competing ten " of the compasses system administration monopoly having earliest is afterwards about the law to prohibit administration monopoly,regulations and the rules are constantly issued,but administration monopoly at this late hour still is current.This has the reason on the face on make laws layer,but an important reason is being short of the active law implementation system,and chiefly to show the is short of unified and authoritative and onboard department enforcing the law;Enforcing the law,the duty and operating procedure installation of organization is not reasonable;The administration of justice organization is short of to the succor means to abstract the administration action.The life of law depends on its implementation,and the law implementation system is the guaranty of law implementation.It is counter,and has the special effect as for the counter implementation to monopolize the law.Being hard to that the accurate boundary is fixed because anti- monopoly law of each country all universally exists,and the article is simple and the principle is strong and about the law concept and breaks the law to affirm the principle is hard to grasp the law to be suitable the difficult characteristic,and this also is the reason that the anti- monopoly law implementation system can be built.The United States firstly builds intimate system and active law and puts into effect the system.Each country is imitateed in succession,and forms the characteristic of oneself.Inspecting anti- monopoly law of each country implementation system advance side by side line general nature conclusions can find,and put into effect the main body at the law with the implementing procedures aspect having basic identical content and characteristic.Turning the rail nation Russia at economy,his anti- monopoly law implementation system in has oneself characteristic and experience the compasses system aspect the administration monopoly.All to our country anti- monopoly law implementation system perfect possesses the reference meaning to these.Administration monopoly is different from the characteristic that economic nature was monopolized oneself,the in addition abortive lesson of our country compasses system administration monopoly,so putting forward the special requirement to our country anti- monopoly law implementation system:turning over to monopolize to enforce the law that the organization must stand alone more further in anti- monopoly law implementation system,his authority of office should possess synthetical nature,not only ability compasses system economic nature monopoly but also can investigate and prosecute administration monopoly;Authoritative nature and innovation in order are possessed to the compasses system means to abstract the administration action monopoly,the condition to is at a loss what to do of many years in order to change because of the abstract administration action monopoly of formation.Anti- monopoly law implementation system that reflects is perfect and not complete in the middle of our country" anti- monopoly law" stipulates.Though establishhing special anti- monopoly law cognizant agency at top,his subordinate the installation enforces the law the organization specially,stipulated to being suspected of being involed the investigation power to monopolize the action and the procedure and the power duty of party,instead monopolizes the authority of office of cognizant agency and enforcing the law organization frees still very simply,is not enough to accomplish the assignment of compasses system economic nature monopoly particularly administration monopoly.The concern to administration monopoly at the aspect of the implementing procedures more is the most very little,and to the concrete administration monopolizes in power and the procedures such as whom case is administered by,investigates,deals with,supervises and judges etc all clearly and definitely not stipulating;How deal with and also not to hand over to monopoly abstracting the administration action;Deal with how special mechanism and the judicial organ links up also not the regulation in duty and procedure on the concrete and abstract administration monopoly. Therefore,should pay attention to several basic questions in making perfect of anti- monopoly law implementation system:special monopoly turning over is responsible for the mechanism and should be embodied authoritative nature and independence;Setting up well tunas over monopolizes person in charge's mechanism fixing a position with the relation of court of justice;Anti- value is fixed a position should to embody just and laying equal stress on of efficiency.This is the needs of compasses system economic nature monopoly,and also is the foundation of compasses system administration monopoly.Particularity in accordance with administration monopoly,in order to increase effectiveness to administration monopoly compasses systems,still should be perfect further in three aspects:the difference jurisdiction system of organization and court of justice is enforced the law in the anti- monopoly examined the system in advance and builds to abstracting administration action monopoly of organization entrusted to somebody that the anti- monopoly enforces the law the accurate judicial powers of organization and builds turning over monopolizing enforcing the law.