Research On The Anti-monopoly Administrative Law Enforcement System Of China

To protect free and fair competition order, anti-monopoly law is one of the basic laws to modern market economy, The key to carrying out Anti-monopoly Law effectively is to set up scientific, reasonable and effective administrative enforcement system of it. The essay discusses some about how to set up the administrative enforcement system of Anti-monopoly Law.There’re three parts in the essay:The first chapter provides the analysis to the current situation of our anti-monopoly law enforcement system, introduced the anti-monopoly law enforcement agencies in the United States, Germany, French. Then, the author proposed its idea of setting anti-monopoly law enforcement agencies form the aspects of the status, the quantity of enforcement agencies and its branches, the internal structure and staffing, the power and the function to foster competition and create the market during the time of the economies in transition. The second chapter demonstrates the anti-monopoly regulations administrative procedures, including two main areas, investigation procedures and handling process. China’s anti-monopoly should be guided by the principle of due process of law, and it should establish a sound system of the reasons clarification and protect the procedural rights of the relative parties. The third chapter dicussed the administrative liability of anti-monopoly enforcement agencies, the subject of administrative liability not only concluding the organizations of anti-monopoly regulations but also concluding the part organizations and their persons. Fault-understood principle, danger liability principle, equitableness liability principle and fault liability principle can help us make sure the liability of organizations.