China's Antitrust Enforcement System

As an"Economy Charter"to defend a free and fair modern market economy order, the Anti-monopoly Law has a pivotal position in the modern economy laws, and it is known as the"Economic Constitution". The effective implementation of anti-monopoly law, on the other hand, requires a comprehensive law enforcement system and powerful law enforcement agencies.The Anti-monopoly Law of the People's Republic of China, which designed double-layer architecture in anti-monopoly law enforcement system, is a breakthrough progress. Unfortunately, this law does not set clear provisions on some key issues in the setup of the anti-monopoly law enforcement agencies. For example, how to configure the role of every anti-monopoly law enforcement agency in the whole anti-monopoly law enforcement system; how to coordinate their relationship; how to organize the anti-monopoly law enforcement agencies and design their respective functions and powers, etc.In this paper, we study and discuss the issue of improving our anti-monopoly law enforcement system. We hope to provide some reference value to the construction of China's anti-monopoly law system and the improvement of the anti-monopoly law enforcement system under the current design of The Anti-monopoly Law of the People's Republic of China.Besides introduction and conclusion, this paper has 4 chapters.The first chapter provides the analysis to the current situation of our anti-monopoly law enforcement system and includes two parts. In first part we introduce the relevant legislation and law enforcement status before the introduction of the anti-monopoly law and we point out the many existing problems. In the second part, we discuss the design of the anti-monopoly law enforcement agencies, and we deem that this design is a realistic option with a certain degree of rationality, but it should be further refined and perfected.Chapter 2 talks about the principles that we should follow when to improve the anti-monopoly law enforcement system: proceeding from our national conditions and learning from the experience of foreign countries.Chapter 3 is concerning the improvement of our anti-monopoly law enforcement system. We design the respective roles of, and also the relationship amongst the Anti-monopoly Committee of the State Council, main administrative enforcement agencies of the anti-monopoly Law, industry regulators, and the judiciary.Chapter 4 discusses the internal organization and term consummation of our nation's anti-monopoly law enforcement agencies. We talk about the organization system of the Anti-monopoly Committee of the State Council in terms of level setting, personnel equipment, financial systems, etc. And we give a detailed design to the functions and powers of the anti-monopoly Committee of the State Council, main administrative enforcement agencies of the anti-monopoly law, industry regulators, and the judiciary.