On The System Of Operators’ Commitment In The Anti Monopoly Law

The system of operators’ commitment has become the key system of the anti monopoly law in the world. Although the provisions of China’s "anti-monopoly law" Article 45 of operators commitment system, due to the legislation before the lack of basic theoretical reserves, resulting in the system in the regulation still exist many problems. Therefore, it is necessary to analyze the relevant theoretical issues and operational mechanism of the operator’s commitment system.The main content of this paper is divided into four chapters.The first chapter is the basic theory of the operator’s commitment system. Through the elaboration of the concept, the characteristics and analysis the system existence basis and value orientation, followed by and other non mandatory system such as the administrative reconciliation system, forgiveness system and the exemption system for comparison reveals the value.The second chapter is to describe the current situation and problems in our country.The system of managers in our country commitment of relevant laws and regulations are introduced, points out the problems existing in the legislation of the system, and points out the problems existing in the operation of our country the system.The third chapter is the introduction of the foreign countries and regions of the operator commitment system. By introducing the legislation and practice of the operators commitment system of the United States, the European Union and Chinese Taiwan,this paper sums up the advantages of the system, and provides reference value for the improvement of China’s business commitment system.The fourth chapter is the most important part of this paper, emphasizing the improvement of China’s commitment to the business system. From the following several aspects of establishing the basic principle of the operators’ commitment system; clear in its application scope and conditions; give the rights and obligations of operators; improve the operators to fulfill the commitment of oversight mechanisms;the provisions of the law enforcement organs free discretion in control; construction of public interests and interested people safeguard mechanism.