Research On The Operators Commitment System Of Anti-Monopoly Law About China

Anti-monopoly law is a basic law of maintaining orderly competition,preventing and curbing monopoly and maintaining the basic rules of competition order. Its duty is to maintain an orderly competition and promote the efficient allocation of resources in the market. With the continuous development of the world economy and legal system,the new law is enforced to balance the interest between enterprises and market competition order. The core of the anti-monopoly law is that operators were allowed to make a commitment, thus the law enforcement angencies would stop alleging monopolistic behavior and make a reconciliation decision to terminate the investigation. The core is the reconciliation system in anti-monopoly law.It is also called the commitment system of operators about China.In August 2008,the anti-monopoly law implemented. The operators commitment system was introduced in Article 45. However, the system only has a basic framework, and it encountered a lot of specific issues in practice, such as the lack of specific interpretation, infeasibility, short of unified basis, without enforcement authority and so on.So discuss on the perfection of relevant and make it play a greater role in anti-monopoly law enforcement is necessary in China.This article is divided into five parts, the main idea is to introduce the basis of the commitment to the system,find the lack of China’s commitment to the system and make it much better.Part 1 is the introduction.The main content includes commitment system background,research significance of this system,the operator commitment system in domestic and international situation and method,to provide strong support for the next part.Part 2 mainly includes the related basic theory of the promise system,the concept of how to clear the promise system to other system and the special value of the system.This part mainly introduce the objects of the system,prepare the ground for the case analysis and the strategies of the improvement of the system.Part 3 analysis the situation of the commitment system in our country, and includes the legislative situation and the present situation of practice.Legislative situation mainly through enumerating the law and the analysis of the legal framework for analysis;Practice situation mainly analysis the unreasonable place in the typical cases operators promise system.Part 4 explain the lack of the operator commitment system.There has five questions. They explain the lack from different angles and provede the object of study for below.Part 5 would put forward to the commitment system in order to make it more feasibility. This part would find the issues from each link of the commitment system and give the detail recommendations.This article will use the way of comparative analysis and case introduction,combine the theory and practice research to find out the commitment system problems and provide suggestions,hoping to contribute to the perfection of the commitment system.