Opinion On Selecting Mode Of Anti-monopoly Law Enforcement Agencies And Perfecting Legislation

China’s "anti-monopoly law has been voted on August 30,2007. And we started enforcing it from August 1,2008. It is about preventing and stopping monopolistic behaviors in order that consumers’rights and the public interest are protected and businessmen can compete fairly under market economy. As an important role of the legal system to protect mark competition, maintain the competition order, and give full play to the market in allocating resources, the anti-monopoly law will have an important impact on China’s economy. Now, our anti-monopoly law adopt the Anti-Monopoly Commit anti-monopoly law enforcement agencies (double enforcement model) to fulfill anti-monopoly law.This paper includes four parts:In he first part, the author states the basic problems in anti-monoloply law enforcement agencies. At first, it explains the necessity of setting anti-monoloply law enforcement agencies from the quality and tasks of anti-monoloply law. Then the author introduces the independence and position of anti-monoloply law enforcement agencies. At last,from the relationship between anti-monoloply law enforcement agency and agency of supervision and management of industry, the author further states that it is necessary to set up an independent and authoritive anti-monoloply law enforcement agency. In the second part, the author analyses the situation of setting anti-monoloply law enforcement agency and problems in it. At first, the author introduces rules of anti-monoloply law enforcement agency and how to carry them out before new anti-monoloply law is made. Then the author introduce how enforcement agencies of the present anti-monoloply law are set. At last,the paper analyses and summarize the disadvantages of enforcement agencies of the present anti-monoloply law. They are lees unity, authority, specialness and so on.In the third part, the author simply introduces the mode how enforcement agencies of anti-monoloply law are set in foreign countries. At first,the paper introduces the modes that European Union, the USA and Japan set their enforcement agencies of anti-monoloply law. Then the author summarizes these modes’characteristics. At last,tha author relates and analyzes how and what we should learn from these modes.In the fourth part, the paper states lagal concept about how to set up enforcement agencies of anti-monoloply law, which is the important and difficult points of this paper. At first, according to the legislative aims and tasks, adjusted objects and the present situation of China’s politic and economy, the author specifically states its name, rank, composition, limits of power and duty and the priciples we obey when it is set. Then the author makes some comments about opinions that academia has on how we set enforcement agencies of anti-monoloply law. At last, the author puts forward some advice on it so as to improve system of enforcement agencies of anti-monoloply law from legislation.