Research On The Legal Nature Of Monitoring Trustee Entrustment Agreement

In recent years, with the continuous development of the reform and opening deepens and the market economy of our country, the concentration of business operators cases are also becoming more common, operators and relates to a geographical area, industry is also growing. The smooth implementation of anti-monopoly law also escort the development for economic stability, China’s rapid. Anti monopoly law better implementation cannot do without perfect the specific system, the anti monopoly law steady implementation of the need to improve the specific system, which inevitably to study the concentration of business operators relief system. The relief system of the concentration of business operators is an important system of anti-monopoly law, and the supervision trustee system is to ensure the smooth implementation of the restrictive conditions of the concentration of business operators to guarantee, in practice it is a multinational law and antitrust authorities praise, our country also so, introduced a number of related administrative norms. The legal relationship between the supervision trustee must focus on the development of Merger Remedies System operators to better adapt to market economy, the correct qualitative combined with relief supervision legal nature of trustee of the trust agreement.The nature of the contract related to the contract related rights, obligations and responsibilities. The positioning of the nature of the contract, determine the related legal relationship is the premise and basis for further research on supervision by the trustee system, is an important guarantee for the implementation of the supervision trustee system. In this paper, through the analysis of the theoretical basis of the supervision trustee of the trust agreement, the trust agreement between the main analysis, and according to our experience, and academic supervision by different view entrusted the protocol properties were compared, gradually clear China’s supervision by the legal nature of the trustee of the trust agreement, the final conclusion, supervision the trustee trust agreement belongs to the special contract.