Research On The Administrative Investigation System Of Anti Monopoly In China

Administrative investigation is the important content of administrative procedure,it is used to understand the facts and collect relevant information.It’s the indispensable part in the work of government departments. For the administrative investigation in antitrust field, because of its own complexity and the case is quite professional, the importance of administrative investigation is more self-evident. Since the beginning of the implementation of "the people’s Republic of China anti monopoly law" in August 1, 2008 in China, although through the current anti-monopoly law enforcement agencies in three administrative law enforcement makes the market economy and commercial competition tend orderly development. However,in the entire process, the various aspects of the anti monopoly law enforcement agency in the administrative investigation has become one of the difficulties in the current enforcement system of anti monopoly law. In this paper, based on the current status quo in the administration of China’s anti-monopoly investigation of specific analysis, drawing on the experience of foreign antitrust administrative investigation, propose appropriate recommendations for improving the administration of the current antitrust investigation related issues, with a view to help promote the steady development of China’s anti-monopoly law enforcement.In concrete structure, this paper is divided into four parts to analyze and discuss:The first part: due to an administrative investigation are an important part of the anti-monopoly law enforcement and, therefore, before the administrative investigation to analyze the author from antitrust enforcement system introduced in the system, analyzing the existing difficulties of the existing anti-monopoly law enforcement system, leads to antitrust Administrative survey questions.The second part: First of all, on the basis of the concept of administrative investigation clearly, from the administrative investigation for the important role of final administrative decisions and administrative investigation in the field of antitrust cases particularity two aspects to illustrate the importance of arguments in the anti-monopoly administrative investigation. Given the importance of the main problems in the administration antitrust investigation, so this part of the country followed by antitrust administrative investigation into the existence of the analysis.And for different issues, through the approach that normative analysis the antitrust administrative investigation related laws and regulations and other normative documents and the introduction of Qualcomm antitrust investigation cases to corroborate and explain the previously mentioned problems.The third part: This section is mainly generally introduce the extraterritorial antitrust Administrative investigation. In order to learn the effective way to help solve the problems of administration in our country’s antitrust investigation, this part selected two representative countries- the United States and the EU, mainly introduce the relevant laws and regulations of extraterritorial antitrust administrative investigation, investigation and administrative investigations subject to the relevant procedural mechanisms.The fourth part: In China’s current economic environment background and the actual situation and the goal of the super-ministries reform as the prerequisite. In view of the above proposed administrative investigation and related issues, appropriate combined with outside experience, put forward some related suggestions to make our country’s administrative investigation of antitrust more complete.