Research About Enforcement Authority Of Anti-monopoly In China

Anti-monopoly law is the cornerstone that countries apply to protect competition policy, to promote economic development. It is the Constitution in Economic. No matter what kind of economic system a country used to be, the anti-monopoly law is the basic law for protecting market competition, promoting fair trade status. In 2008, Chinese government promulgated and implemented Anti-monopoly Law. Actually, it set a dual legal enforcement mode, which contained the anti-monopoly committee and the anti-monopoly enforcement authority. To some extent, this kind of model extent market competition situation in Chinese initial stage of socialism. However, there are also legal inherent blindness and lagging shortcomings. Due to different tradition in political system and economic system, different setting mode of anti-monopoly enforcement authority will be had in the entire world. Executing mechanism of anti-monopoly law Europe, America and other developed countries had already been very mature. Many advanced experiences are worth us for reference.This paper is mainly taking in 4 structures which are analysising problem, proposing correlation plan, targeting to point out the existing shortcomings and putting forward ideas and Suggestions.Executive body and function of the executive authority and their settings is the basic situation in legal enforcement agencies. As the theoretical basis, this part mainly plugs from the main executive body. Executive body is the undertaker to anti-monopoly law implementation. If the law lack of executive body, regulatory for the market will be non-existing. Secondly, the functions for antitrust authority proposed law enforcement agencies characteristics.As a comparison method, the second chapter discusses settings of anti-trust law's enforcement agencies. Selecting the United States, Germany and Japan as good example. Monopoly firstly appeared in developed capitalism country. For the purpose of the need in society to curb monopoly, the anti-monopoly was firstly produced in these countries. Through the setting of countries' law enforcement agencies, functions and features, we can conclude that this article has discussed under a special situation, which is the social justice for free market. It maintains the market system. Secondly, it is a kind of judicial act.For Chinese anti-monopoly enforcement authority, the discussion is start with its deficiencies. Chinese anti-monopoly enforcement authority gives priority to with the ministry of commerce, the industry and commerce administrative departments and the national development, and with the main properties of other antitrust authority for system. But, with administrative means, civil or criminal means mainly complementary characteristics.Finally, this paper studies the advanced foreign law enforcement experience and the characteristics of economic transition of China. Through combine the two aspects of the results, the paper raises the analysis and imagine of the setting of the anti-monopoly enforcement authority in our country in the future.According to the front part of the paper, the most suitable for Chinese national conditions is to integrate the Anti-monopoly Committee and three Antitrust Administrative Enforcement Authority into the State's Council. Moreover, giving the Authority the power and independence is necessary. Although Anti-monopoly law clearly made double-layer structure mode for legal enforcement. It is an apparent breakthrough. But the model does not fully meet the requirements of the anti-monopoly law enforcement, which is still needed to be further perfected.