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The Research On Administrative Enforcement Mechanism Of Anti-monopoly In China

Posted on:2017-04-10Degree:MasterType:Thesis
Country:ChinaCandidate:M Z ChenFull Text:PDF
GTID:2296330485981125Subject:Economic Law
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The issues concerning the law-enforcement of Chinese Anti-monopoly Law have been widely discussed before it took effect. As the main force of the law-enforcement of Anti-monopoly Law, the administrative enforcement is of great significance in maintaining competition order and accelerating economy development.With the development of socialist market economy, a growing number of acts on excluding or limiting competition come into the public view, which makes recent administrative enforcement of anti-monopoly law reaching a unprecedented level, both in depth and breadth. Just under such background, administrative enforcement mechanism of anti-monopoly plays a active role in prohibiting monopoly and promoting competition on one hand, but on the other hand, many problems related to organ setting, division of powers, and enforcement procedure, are exposed in this progress. Due to the dependence and transcendence on traditional administrative enforcement organ and procedure, the holistic research on administrative enforcement mechanism of anti-monopoly law is not enough. In view of this, for perfecting the administrative enforcement mechanism of anti-monopoly law, this thesis will combine with certain cases to discover problems of current mechanism, and combine with the reality of China and foreign counties to transplant related system and experience. As a result, giving reasonable and practical proposals for current mechanism.There are five parts in this thesis.The first part, preface. This part expounds the tendency of administrative enforcement of anti-monopoly in recent years, and gives brief introduction of enforcement problems in typical case of Qualcomm. In addition, giving brief description of research status to ascertain the framework and research method of thesis.The second part, the definition and law concepts on administrative enforcement of anti-monopoly. This part include concept definition and feature analysis. The concept definition includes the difference between administrative enforcement and judicial enforcement, the dependence and transcendence on traditional administrative enforcement mechanism, and the specific content of the mechanism. The feature analysis will unfold from four angles:the flexibility and efficiency, the profession and complexity, and quasi-jurisdiction. At last, the law concepts of public welfare and effective competition which should be followed.The third part, the current situation and problems of administrative enforcement mechanism of anti-monopoly in China. The situation analysis includes the enforcement organ setting and power division of anti-monopoly, which includes the central and the local, and introduction of the enforcement achievement of each organ by means of studying case number in sample time. The problem analysis includes nine parts:organ setting and power division, evidence investigation, rights protection, information disclosure, penalty calculation, the independence, fairness, profession of enforcement, and the supervision system.The fourth part, the experience and enlightenment of foreign administrative enforcement mechanism of anti-monopoly. This part will introduce the experience of EU, United States and Japan, which includes the organ setting and enforcement procedure, especially the adoption of some certain procedural rules. Otherwise, concluding and summarizing the rules and acts for application in China.The fifth part, the measures of perfecting administrative enforcement mechanism of anti-monopoly. This part will determine the principles of these measures. The measures should be ruled of law, moderate and for the public welfare. Then giving countermeasures aiming at the discovered problems:reasonable division enforcement jurisdiction, pushing forward the reform of enforcement organ gradually; perfecting the hearing system, promoting information disclosure, guaranteeing the rights of parties; enhancing professional level; establishing supervision system including the economic, administrative, social supervision.
Keywords/Search Tags:anti-monopoly, administrative enforcement mechanism, enforcement organ, enforcement procedure
PDF Full Text Request
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