The Study On Setting Up Of Anti-monopoly Law Enforcement Agencies

The anti-monopoly law is one of the basic laws in the modern market economy country, and it plays a more and more important role in the legal system of every state. It is considered as the footstone of protecting competition policy and economy stimulation policy, so it is also known as "the Constitution of economic law". On August1,2008, the Anti-Monopoly Law of PRC came into force. The goals of the law are to prevent and forbid the monopolistic behavior, to protect competition in the market, to enhance economic efficiency, to safeguard the interests of consumers and the public interest, and to promote the healthy development of socialism marketing economy.It has a great affection in our country’s economy due to the implementation of the law.In order to achieve the goals of the anti-monopoly law, the anti-monopoly law enforcement agency plays an important role. China’s current anti-monopoly law enforcement agencies can be described as "dual-multi pattern". That is to say it is constituted by the Anti-Monopoly Committee of the State Council, the State Council anti-monopoly law enforcement agencies, and the relevant administrative bureaus that is in charge of telecommunications, finance and other related business. It seems to be a perfect pattern, however, there are some problems happening in the practice of the anti-monopoly law enforcement agencies, such as the nature of the Anti-Monopoly Committee of State Council, the ambiguous power of the Committee, the drawback of internal framework of the anti-monopoly law enforcement departments, the controversy between anti-monopoly law enforcement agencies and other administrative bureaus in the law enforcement, and the low professional quality of the anti-monopoly law enforcement agencies officers. Due to these problems, it is difficult to reach the legal effect which we expected.Laws alone cannot carry themselves into practice. Although Antimonopoly Law plays the great roles in regulating Market economy, it cannot create a fair and free environment of the market competition by itself, and the realizaing of its great roles rely on the establishment and operation of the independent, authoritative, professional and efficient anti-monopoly law enforcement agencies. There is no such law enforcement agencies, anti-monopoly law is merely a scrap of paper. Therefore, the problem that whether the anti-monopoly law enforcement agencies can be founded scientificly, rationally and effectively or not, has become the core link to the successful implementation and destiny of Anti-monopoly Law in the future. As a result, it is necessary to study this problem deeply. In addition, according to the approval of State Council’s, the right of enforing Anti-monopoly Law has been authorized to State Administration for Industry and Commerce, National Development and Reform Commission, and Ministry of Commerce respectively. Although this multi-pattern of anti-monopoly law enforcement has retrieved the lack of Chinese anti-monopoly law enforcement agencies, it has many disadvantages which hinder the effective implementation of anti-monopoly law greatly. To help getting away from the present plight of law enforcement and promote the realization of the historical legislative mission for Antimonopoly Law, it’s necessary and urgent to found new, professional and unified anti-monopoly law enforcement agencies. Consequently, there exists a great realistic meaning for this problem.The author analyzed and researched the basic circumstances of anti-monopoly law enforcement agencies in China, and proposed some suggestions on the placement of anti-monopoly law to the enforcement agencies in China, these suggestions also based on other countries’successful experience.The paper contains four parts except the introduction. They are:Firstly, in part one, the author introduced the definition of anti-monopoly, the characteristic, and the significance of anti-monopoly law theoretically; then, the author introduced the definition and characteristic of anti-monopoly law enforcement agencies.Secondly, in part two, the author manifested the current placement of anti-monopoly law enforcement agencies in China, and pointed the existing problems based on the introduction of framework of anti-monopoly law enforcement agencies. In part three, the author introduced the basic information about other countries’ anti-monopoly law enforcement agencies, and also pointed out the experience we could learn from these foreign countries’.Finally, in part four, the author summarized the above parts, and gave some specific suggestions on how to make better placement of the anti-monopoly law enforcement agencies.