Study On The Commitment System Of Anti—Monopoly Law In China

Along with market economy vigorous development in China, the active market competition promotes economic prosperity. The market cannot do without competition, high competition will have a highly competitive monopoly. However, this does not mean that the monopoly is negative or bad. Monopoly has two sides, the key is how to suppress negative monopoly, and that is to say, how to carry out anti-monopoly reasonably is very important. However, the monopoly behavior of subtle and complex, anti-monopoly costs money, sometimes even the loss outweighs the gain. One the circumstance, a gentle and effective enforcement system came into being, that is called the commitment system of anti-monopoly law.August31,2007, China promulgated the "Anti-monopoly law", which introduced the commitment system officially. The commitment system stipulated in the article forty-fifth. The commitment system of anti-monopoly law is different from the settlement system, the commitment of operator system and forgiveness system, the difference mainly reflected in the commitment of time, commitment to the rights and obligations of both parties. The biggest advantage of this system is reflected in the" three characteristic", namely "flexibility","efficiency" and" saving ".However,the "three characteristic" of the commitment system of anti-monopoly law may also lead to the abuse of the power, damage the public interest of the community, that is why the system needs to be improved.The commitment system of anti-monopoly law has an unparalleled value. But, due to the lack of legal standards, commitment of both parties is inequality, asymmetric information; breach of promise of low cost, lack of supervision, lack of punishment mechanism and lack of relief mechanism, the commitment system of anti-monopoly law in china exist problems in legislation and implementation, affecting the value of the system achieved. The values are justice and efficiency. Through the analysis of extraterritorial experiences and learn from our own development, trying to be perfect by the following aspects:a unified relevant laws and regulations, a clear commitment to the scope of the system; establish punishment mechanism, improve the breach of promise cost:improve the monitoring procedural of commitment system, including the introduction of third-party supervision, the establishment of information publicity system, giving operators the right to appeal; construct relief system for stakeholders, including the indirect right to participate, the right to object and the right to appeal. Improving the commitment system of anti-monopoly law in china helps maximize social value, and protect the legitimate rights and interests of consumers, maintain the economic order of society.