On The Research Of Our Country Deficiency Of The Anti-monopoly Enforcement System And The Consummation

August 1,2008 antimonopoly law of the People’s Republic of China, the serviceformally implementing law marks China’s socialist market economic law systemfurther improvement and standard, is reputed as "world economic charter" antitrust law in China in the promulgation of the maintenance free competition economic order is gradually play its important role, but "ACTS method to" not legal norms, any piece of life is in its running above, not excepting anti-monopoly law in China. At present, because the anti-monopoly law enforcement system determines that China antitrust law healthy and orderly operation, whether can play its "market economy cornerstone" functionality.Our country’s anti-monopoly law established by the anti-monopoly committee for antitrust coordination institution, the state administration of industry and commerce for law enforcement double multiple levels of organization mode, the anti-monopoly enforcement system, lead to the establishment of the anti-monopoly enforcement agencies independence and the serious lack of authoritative, killing in specific antitrust enforcement of law enforcement authority faces many difficulties, both may appear bull law enforcement of overlap behavior, and there may be no regulatory enforcement vacuum condition. Facing this situation, on the comprehensive investigation typical countries all around the world on the basis of antimonopoly law enforcement system, the maintenance of market free competition, as law enforcement system perfect value pursuit; Integrity as the guidance, take in the construction of the anti-monopoly enforcement procedures as law enforcement system perfect safeguard, In specific measures to improve aspects, proposes a and authority of the system assumption that we should correctly handle the antitrust and coordination agency and the relationship between the law enforcement agencies, creating an independent, authority, efficient, single anti-monopoly enforcement authority, namely the integration of the double many institutions now, canceling gradually three departments mode, the state specific perform the anti-monopoly committee executive, make unified the anti-monopoly committee became an independent, authority, efficient, single the anti-monopoly enforcement authority, a collection of administrative power, quasi legislative and judicial power in one independent allowed the anti-monopoly enforcement authority.Our country banking antitrust problems China is the anti-monopoly enforcement system extremely important a part of the banking industry, by investigating the monopoly phenomena and antitrust regulation, can demonstrate an independent, authority, efficient, single anti-monopoly enforcement authority imagine the rationality and scientific, further perfect banking antitrust regulation.