A Study About The Insurance Mechanism Of Implementation Of The Commitment In The Commitment System Of Anti-monopoly Law

As an important form of public enforcement of modern anti-monopoly law, commitmentsystem is originally designed to save enforcement resources and reduce the costs ofenforcement of the law. It plays an important role in the enforcement of the anti-monopolylaw. But as the most important content of the commitment system, the insurance mechanismof implementation of the commitment is an important assurance for the effect of thecommitment system. China’s anti-monopoly law introduces the commitment system on thebasis of the EU’s commitment decisions. However, the insurance mechanism ofimplementation of the commitment is not yet established. This makes that the implementationeffect of the commitment system is not satisfactory. Because China’s anti-monopoly law’sprovisions on the commitment system is relatively simple, and the related provisions andinterpretations are also not cleared the insurance mechanism of implementation of thecommitment, just make a simple requirement, there are a lot of problems in practicalapplication. This article’s research on the insurance mechanism of implementation of thecommitment is mainly to the necessity of it as the theoretical basis, and to the problems in theprocess of implementation of the commitment with introduced some typical cases as thestarting point. And in the basis of the comparison in the relevant experience of the foreigncountries, this article initially proposes the basic idea and specific comments on the buildingand improving of the insurance mechanism of implementation of the commitment.This article is divided into five parts in all.The first part of this article is on the necessity of the insurance mechanism ofimplementation of the commitment. This part is mainly to research the importance of theinsurance mechanism of implementation of the commitment and reveal the necessity of thesystem and provide a more solid theoretical basis for the building and improving of theinsurance mechanism of implementation of the commitment.The second part of this article analyzes the implementation of the commitment and theexisting problems of it in the monopoly case of the China Telecom and China Unicom. And itshows the problems in the process of the implementation of the commitment, in thatnon-performance of the commitment, not completely implemented the commitment and theplight of the commitment for enforcement, and so on; in order to provide directional ideas for the building and improving of the insurance mechanism of implementation of thecommitment, this part also analyzes the reason of the problems in the process of theimplementation of the commitment, such as lacking of internal constraints for theimplementation of the commitment, weak supervisory mechanisms of the implementation ofthe commitment and the difficulties in the application of the law of the standard for theimplementation of the commitment, etc.The third part of this article analyzes and compares the insurance mechanism ofimplementation of the commitment of the main counties or districts, including the UnitedStates, European Union, Japan and China Taiwan, from which summarized up inspiration andreference for the building and improving of the Chinese insurance mechanism ofimplementation of the commitment.The forth part of this article mainly studied the problems of the China’s insurancemechanism of implementation of the commitment and the system construction of it. This partfirstly investigates the present provisions and weaknesses of the Chinese insurancemechanism of implementation of the commitment. And it maybe provides relevant referencefor the construction of the insurance mechanism of implementation of the commitment. Next,the most central and important content of this article is the institutional construction of theinsurance mechanism of implementation of the commitment: at the fist, this part elaboratesthe principles of the insurance mechanism of implementation of the commitment, theprinciple of the open process, power constraints and the balance of interests included; as forthe specific comments on the construction of the insurance mechanism of implementation ofthe commitment, the basic approach is procedural constraints and this is also the mostimportant principle and method in the process of building the insurance mechanism ofimplementation of the commitment; based on procedural constraints, this part proposes somemechanism such as the mechanism of constraint and responsibility of law enforcementauthorities, the mechanism of responsibility and punishment of business operators, themechanism of restraint in the validity of the commitment decisions and proceduralsupervisory mechanisms of the implementation of the commitment, etc. These viewsproposed by the author are only a useful reference for the building and improving of theinsurance mechanism of implementation of the commitment.The fifth and final part of this article is the epilogue. It explains two problems associatedwith this article. The first is that whether a conflict exists between the insurance mechanism of implementation of the commitment and the spirit of contract. And the second is thatwhether it is too rigid for the institutional design of the insurance mechanism ofimplementation of the commitment. This article finally makes a brief conclusion summarizethe full text.China’s commitment system is still in its infancy, and the insurance mechanism ofimplementation of the commitment is not perfect. So it needs to continue to improve in futurelegislation and practice. The research on the China’s insurance mechanism of implementationof the commitment, especially the institutional construction of the insurance mechanism ofimplementation of the commitment in this article, just makes a simple framework depicted,and many institutions and problems do not go into details because of limitations of length,materials and time, as well as academic standards. But it can be also hoped that a plainresearch of this article is capable of providing useful lessons and reference for the buildingand improving of the China’s insurance mechanism of implementation of the commitment.