A Study On The Action Of Disgorgement

With China’s futrher reform and opening up, the framework dominated by theAnti-unfair Competition Law and Anti-monopoly Law has basically formed. And themeaning of life and the law is implemented, the implementation effect is subject to manyfactors. At present the main challenge of competition law enforcement lies in performancemechanisms.The main problems of Chinese competition law enforcement mainly displays in that lawenforcement power is too scattered, authority is not strong in anti-monopoly enforcement,target enforcement supervision system is not perfect, as well as program standard lacking, thelack of talented law enforcement, and other aspects. And the problems of competition lawenforcement mainly originated from lack of experience, system defects and conflicts ofinterest.Wise men correct their own by others faults. It’ s very necessary to learn from theadvanced experience of foreign competition law enfocrement to improve our competition lawenforcement mechanism.There are mainly two existing typical modes such as Americanjudicial mode and the European Community commission administrative mode in foreigncompetition law enforcement. No matter what kind of mode it is, competition lawenforcement authorities in these countries all have very high independence and the authority,at the same time they have obvious division with industry regulatory authorities.To improve our competition law enforcement mechanism, we need do from followingaspects. First, we must set up a clear division of administrative law enforcement system,choose the administrative law enforcement mode； Second, reasonably divide the labor of lawenforcement agencies and the industry regulators； Third, improve competition lawsystem,which includes coordinating the relationship between the Anti-unfair CompetitionLaw and Anti-monopoly Law, improve the Anti-unfair Competition Law and the supportingsystem of Anti-monopoly Law； Fourth, establish a uniform, independent, the authoritativecompetition law enforcement agencies, which needs to enjoy the following power: researchand dratf the competition policy，organize and assess the total market competition situation,making anti-monopoly guide, coordinate the anti-monopoly enforcement authority and the’other power under the state councils provisions； Fitfh，specify and refine law enforcementprocedures and powers of competition law enforcement authority； Finally, strengthenpersonnel construction in competition law enforcement.