Research On The Operators Commitment System Of Anti-Monopoly Law

Some anti-monopoly cases are strongly hidden, and the illegality is not very obvious. Moreover, it takes enormous time and expense. Therefore, aiming at improving the efficiency and saving the costs of law enforcement, operators commitment system emerged. Operators commitment system is a system that anti-monopoly law enforcement agencies reach a settlement through negotiation with the respondents under certain conditions, and law enforcement agencies stop the investigation while the respondents promise to eliminate the consequences of alleged monopolistic behavior. In the early 20th century, the operators commitment system was practiced in American. Then it was introduced to the European Union, Japan arid other countries or regions, and the implementation effect is significant. Nowadays, it has become a new development trend of anti-monopoly law enforcement, and shows a globalization trend. To adapt to the situation, China also provides the operators commitment system in the "anti-monopoly law". However, the relevant provisions of "anti-monopoly law" are too abstract, lack of maneuverability, lack of the public disclosure transparency, lack of the protection mechanisms of the interests for relevant subjects. And later, anti-monopoly law enforcement agency detailed provisions for operators commitment system to solve these problems, but failed. In order to promote the fairness and effectiveness of operators commitment system appliance, we must learn the useful experience of other countries and regions to improve the defects and deficiencies for our operators commitment system combined with the actual situation of our country.This paper plans to study the theory of operators commitment system. On this basis, combined with legislative practice and law enforcement experience of various countries, the specific building of operators commitment system is focused. Then the shortage of operators commitment system on the entity and program is discussed, and recommendations to improve are made. This paper is divided into four parts. The first part is the definition of operators commitment system. The definition of operators commitment system is mainly analyzed,and its scope is defined. The basic mode of commitment system is explained, and the legislative practice in some major countries and regions is introduced. Then the relevant provisions and characteristics of operators commitment system are summarized, and the distinction compared with other systems is made. The second part is the substantive content of operators commitment system. The author discusses the applicable scope and conditions of operators commitment system in detail, and does some reflections and summaries on the benefits and shortages of operators commitment system of our country combined with the relevant law enforcement practices. The third part is the procedural rule of operators commitment system. Proposals to improve public feedback mechanisms and implementation monitoring program are highlighted.The fourth part is the treatment to fulfill the promise and relief mechanisms of operators commitment system. In view of the single treatment and the absence of interests protection mechanisms in our country, the choice of treatment is discussed depending on the different circumstances. And the construction of the protection and relief system for the respondents, interested parties and the public interest is proposed.