The Research On Administrative Enforcement Of Anti-monopoly Law

Anti-monopoly law is the legal basis of the market economy and its role depends on enforcement. What is more, enforcement of anti-monopoly law has an independent value. Therefore, the study on enforcement of anti-monopoly law has important theoretical and practical significance.Enforcement of anti-monopoly law has two ways:private enforcement and public enforcement.The latter is the main body. For the enforcement of anti-monopoly law, administrative agencies has a greater advantage than the courts and other institutions, and so it become the most important role.It can accurately reflect the essential meaning of this enforcement approach to call enforcement by administrative agencies as administrative enforcement which mainly includes three aspects, namely, law enforcement agencies, enforcement procedure and relief system.The mode of law enforcement agencies can be divided into two types:multiple law enforcement agencies and single law enforcement agencies.The latter has the greater advantage in agencies jurisdiction and application of law. In China,the mode of agencies is "two-level,multi-agency", and it has resulted many questions.The author suggest to promote the reform of law enforcement agencies step by step, and finally establish single law enforcement agencies.For the analysis of enforcement procedure, starting procedure, investigation and decision are the most important. There are many features and requirements of enforcement powers.But it is not enough in China.The emphasis is investigation.Relief is the protection of law enforcement effectiveness.It can be classified as property remedies and non-property remedies. The article has analyzed both of them widely. Then compared with current legal provisions of China and got some suggests to construction of the relief system.In short, using comparative analysis method, this paper has studied on the three aspects of enforcement of anti-monopoly law and hope for the improvement of relevant systems.