Antitrust Law Enforcement Mechanism Research In China

Antitrust law is a basic law which maintains the order of the free and fair of th market economic,so people call it "economic constitution".The life of law lies in implementing.The key of the law which wants to convert the static law to the dynamic law is to have the implementation of effective mechanism.The antitrust is no exception. The implementation mechanism of anti-monopoly have three part which should include the anti-monopoly authority, implementation procedures, and anti-monopoly liability system and so on. But, our country’s anti-monopoly law in these aspects are inadequate, remain to be improved. Therefore, in view of the present conditions and combines the advanced and practice experience of the foreign country, the author puts forward some solutions and suggestions.The paper mainly divided into four parts:The first part is to define the meaning of enforcement mechanism of our country’s anti-monopoly law. Emphasis on introduce the anti-monopoly implementing subject and clarify the anti-monopoly enforcement mechanism of the characteristics and function.The second part is the anti-monopoly authority setting mode analysis. First,mainly from the form of the organization,authority and relationship with the court of the anti-monopoly authority as the point of view of the United States,France, Germany, Britain, Japan and other countries of actuators setting mode comparative study,analysis the gain and loss of their quality. Second, China’s current antitrust enforcement agencies of the current situation and existing problems are summarized. Finally, combined with the actual situation in our country and foreign mature experience, puts forward the anti-monopoly enforcement agencies set Suggestions.The third part is the anti-monopoly law implementation program regulations. First of all, to by the judicial process as the center of the United States, to the administrative procedures for the centre of Japan and administrative center to give priority to justice center, supplemented by the three kinds of anti-monopoly law implementation program was analyzed. Second, introduces the present stage of our country and put forward the antimonopoly law implementation program of the existing problems. Finally, to our country, the anti-monopoly implementation procedure of perfect measures put forward.The fourth part is anti-monopoly law responsibility system. By establishing the legal responsibility antitrust law system, sanctions illegal behavior monopoly way, maintain and promote the social and public interests. Therefore, this chapter to the United States, Japan and other countries the criminal responsibility system, the civil liability system, administrative responsibility system for detailed and in-depth analysis, comparison of current legal responsibility system, found that the problem in the responsibility system in our country, and puts forward the legal liability system perfect our country’s antitrust law of opinion.