The Defects And Perfection Of Anti-monopoly Law Executing Agency In China

Since the "Sherman law" was issued by the United States of America in1890,anti-monopoly law known as the "economic constitution”, has been playing apatron god to protect the free competition in the market. In this four years,anti-monopoly law become a tool to fight against monopoly, protect market andmaintain the economic order of China’s socialist market. However, with theanti-monopoly law has been implemented in a transaction, its imperfections areincreasingly exposed. The confused management and law enforcement is insufficient,which has led our country’s antitrust remedy to be imbalanced and our anti-monopolyadministrative enforcement to be ineffective. So enterprises are forced to the judicialway which also lacks experience. Based on these problems, the idea of writing thispaper came into being. By drawing lessons from other countries in the world,swimming with the tide in how to set up the anti-monopoly law enforcement agencies,strengthening the anti-monopoly committee’s functions, optimizing the coordinationmechanism among the three specific executive agency, improving the staff’sprofession, handling the relationship between anti-monopoly law enforcementagencies and judicial organs and other industry authority, in order to gain such resultthat our anti-monopoly law enforcement can be greatly improved. Besides the introduction, the paper is divided into four main parts. The maincontent of each part is briefly described as follows:Introduction: This part mainly deals with the background of writing the paper,domestic research on the question so far and the research methods used in this paper.Part One: The paper describes the present situation about setting up ouranti-monopoly enforcement agencies. Then combining the current situation, the paperanalyzes the advantages and the disadvantages of our current anti-monopoly lawenforcement agencies.Part Two: Combined with the relevant literature and theory, the paper explainsthe necessity of setting anti-monopoly law enforcement agencies. According to theregulations of anti-monopoly law, the paper shows what kind of function should ouranti-monopoly law enforcement agencies have, and in order to implementanti-monopoly law well, what kind of characteristics should the anti-monopoly lawenforcement agencies have.Part Three: By means of analyzing the situation about setting anti-monopolylaw enforcement agencies, personnel composition and functions in the United States,Japan, Germany, South Korea and the European Union, we can gain someenlightenment and learn that how to improve our anti-monopoly law enforcementagencies.Part Four: While maintaining the existing organization framework, the paperputs forward20suggestions to consummate our country anti-monopoly lawenforcement mechanisms, as well as proposes to deal with two relations in theconcrete implementation process.