Research On The Manager Commitment System In Anti Monopoly Law

Go into effect on August1,2008the “People’s Republic of China Antimonopoly Law”act only8total57records,although there are many questionable provisions of the antitrustlaws, but its introduction is still regarded by many experts and scholars hailed as milestone ofeconomic reform in China.The reason for such a high rating, partly because of the lawcomplements the legal system of China’s socialist market economy to stabilize our escort.Meanwhile, based on national circumstances, while fully learn the advanced countriessuccessful legislation, practical experience, can be said to be the culmination of a set ofanti-monopoly law countries." Antitrust Law " introduced many advanced systems, in whichone of the highlights is the " anti-monopoly law enforcement reconciliation system ", but of a" commitment operators " in the form prescribed in Article45of the Antimonopoly Law. Ofthis legislation, almost all points of view to give a positive one-sided. However, many alsohad unexpected problems with the implementation of the system revealed. In view of this,our legislators must take timely remedial measures, such as the State Administration forIndustry and Commerce and the National Development and Reform Commission has issued aseries of documents to compensate. But unfortunately, some of the key issues involved in thesystem does not give a clear explanation. Therefore, I will draw all home on the basis oftheoretical perspectives of operators committed systematic study to explore the system inorder to further improve the system.The first chapter introduces the theory of operator commitment system. The reasonbegins to explain the basic theory, on the one hand conform to the understanding of logicalthinking people to understand a system, the more important is the in-depth study of thebackground will give us a lot of inspiration, commitment to the norms of the operators ofgreat benefit to the system. First, the author of the meaning of commitment system operators,attributes were defined, hoping to dissect commitment system operators the most essentialidea that the concept of reconciliation enforcement. Secondly, the system operators promise ofequal consultation, enforcement and maintenance of public mild personality are discussed. Finally, some sound operators promise I deny the legitimacy of the system were analyzed,from the economic, political stance on the feasibility of the system were studied..The second chapterdescribes the current situation of China’s commitment to thetheoretical system operators and the lack of exposure. First, the combination of"anti-monopoly" on page45of our commitment to legislation system operators were studiedin stages, from start to perform, and then go back, have carried out a more detailed unfold.Secondly, through the commitment system operators typical two cases (Telecom ChinaUnicom monopoly case and the case of the four Japanese enterprise price) introduction oftargeted analyzes the deficiencies exposed in the enforcement process, and thus to improveour operating who promised to provide system design ideas. Finally, the author on the basis oflegislation and case presentation on my commitment to deficiencies in the system operatorswere systematically summarized.The third chapter is the commitment of some of the advanced countries operatorsintroduce systems thinking, and the resulting. First, the author of the operators promisedlegislation modeled on the U.S. system of generation, our commitment to the system operator,the birthplace of the European Union, legislation, law enforcement experience in both systemoperators promise the most mature countries were introduced. European countries committedto legislative research on operators and law enforcement practice system has many places wecan learn, regardless of the applicable screening mechanism, the public interest, the interestsof a third party guarantee mechanism, or oversight mechanisms to ensure fulfillment ofcommitments, and both the highlight these countries were committed to operating systemsmature and advantages. Secondly, the author of the experience of advanced countries wereanalyzed, and then the other hand, the status quo of China’s commitment to the systemoperator, the design of our system for a certain thinking.The fourth chapter is the core part of the article,the author on the basis of the foregoinganalysis of studies on China’s commitment to improve the system operators were conceived.The first is the refinement operators promise entity content system. First, the definition of"anti-monopoly" in the concepts of the specific content of Article45, the second is applicableonly if the system operator’s commitment to clear, the third is the extension of the system is the delineation of the scope, content and the fourth is the legal effect of the commitment thePerfection. Second is to build a complete system operators committed procedural frameworkproposal. The main mechanism is to start from the beginning to improve, to make up thesystem performance of relevant content, to the punishment of the breach, the sound of reliefmechanism. Finally, I think the premise of the foregoing, in order to present our innovativemacro-enforcement mechanisms, institutions as a starting point, the system explains how tooptimize the external environment in order to facilitate the enforcement system operatorspromised to implement content.