Research On Operators Commitment System

Law is not sufficient on its own. Whether making a law can get practical implementation, the strong implementation by the enforcement is the key factor in addition to the perfect law itself. Only by effectively implementation will subject of legal relation abide by law, the value of law will be accomplished. With the promulgation of Chinese anti-monopoly law, the implementation of anti-monopoly law becomes a hot issue in our country. It is a new trend in international practice that the modern anti-monopoly law enforcement is becoming less severe. Operators commitment system appeared in such circumstances. It pioneered by the United States, after the introduction of the European Union, Japanese and other countries of districts, their results are obvious. The biggest value of the system lies in its cost saving, improving the efficiency of anti-monopoly law enforcement. To follow this trend, Operators commitment system is also established in Chinese anti-monopoly law. But there are some problems and deficiencies in the system. This article attempts to make some suggestions based on the analysis of Operators Commitment System.This paper is consisted of four parts, which includes the following contents:Chapter1is an introduction to the Operators Commitment System. This part analyzes the definition, nature and contents of commitment, Connections and differences are discussed between this system and other systems which laid the foundation for next analysis.Chapter2is the value and existing problems of commitment system in Chinese anti-monopoly law. This part includes unspecific applicable scope, no security of public and counterparts’interest, unspecific applicable condition, unsound penalty for violating commitment and convention, and difficult private relief.Chapter3is the practice of commitment system in some countries and districts. This part discusses the legislation of commitment system in different countries, such as United States, European Union, Japan,China and other countries.Chapter4is suggestion on the perfection of commitment system in Chinese Anti-monopoly law. In response to the problems existed in commitment system, this part puts forward some measures. For example, making clear of applicable scope, establishing the pubic participation and proposed system, improving the rights of the safeguard mechanism, setting up penalty for violating commitment and convention, take measures to void adverse effect fou private litigation.