Research On The Legal Issues Of Local Implementation Of China’s Anti-monopoly Law

The existence of any legal value is embodied by the effective implementation. Inpractice, therefore, how to guarantee the effective implementation of the anti-monopolylaw in our country become an important task. Is known as "The magna carta of themarket economy" anti-monopoly law, is the product of new era, new ideas, itslegislative purpose is to regulate every link of market competition in the nationaleconomy, maintaining fair and orderly market competition order. Our countryanti-monopoly law since its formulation, promote the implementation of theadministrative law enforcement and judicial application. In theory, the implementationof the anti-monopoly law should include two aspects of the implementation of thecentral and local governments.However, at present, our country both in the antitrust legislation, or in theimplementation of the anti-monopoly law, the anti-monopoly law of the localimplementation are seriously insufficient, causes our country anti-monopoly law sincethe issue has not been effectively implemented, did not play out its real function.Therefore, attaches great importance to the local implementation of anti-monopoly lawin China is particularly important. In our country, however, pushed for a localimplementation of anti-monopoly law will encounter many challenges: theanti-monopoly enforcement authority between the central government and localgovernment interests conflicts; Local administrative monopoly regulation difficult; Theanti-monopoly enforcement authority setting can’t reflect the nature of independenceand authority; Antitrust private enforcement mechanism is not sound; Anti-monopolypublic enforcement and private enforcement two mechanisms can’t realize thecomplementary advantages, the organic combination, etc. These problems will becomeChina’s anti-monopoly law implementing local obstacles. To solve the disorder problem,need to create a reasonable and perfect our country’s anti-monopoly law localimplementation mechanism, an independent, authoritative and unified anti-monopolylaw enforcement agencies; Remove local administrative monopoly; Set up and improvethe integrating prevention, deterrence and punishment, as the main body in the illegalmonopoly victims provide reasonable relief channels of efficient private enforcementmechanisms; Coordinate local implementation of public enforcement and privateenforcement of anti-monopoly law. This article will revolve around local antitrust enforcement agencies set up; Localadministrative monopoly; Local private litigation system in the implementation ofanti-monopoly law; Anti-monopoly law that the relationship between local publicenforcement and private enforcement is analyzed, and on how to improve localimplementing China’s anti-monopoly law idea is put forward. In order to effectivepromote local implementation of the anti-monopoly law in China and the establishmentof national unity, healthy and orderly market competition environment.