Legislative Comparison On The Administrative Restriction Of Competition Between China And Japan

Administrative restrictive of competition regulation is a vital task of anti-monopoly law in China. The anti-monopoly law has specific stipulations in allusion to administrative restrictive of competition, which puts the issue on the level of systematic regulations, aiming to solve administrative intervention problems in reform of economic system. China is at the critical moment of comprehensively deepening reform. The target of reform of economic system is to build perfect market economic system, play to the basic role of the market in the allocation of resources, further get rid of administrative intervent ion in economy, break monopoly thinking, safeguard fair and free competitive environment. Administrative Restriction of Competition is not be particularly defined in Japanese Anti-Monopoly Law, but Administrative restriction of competition really exists during the economic development in Japan because of its economic regulation and government-oriented economic system. The exchange between China and Japan is increasingly close r, including economy and trade, politics and culture. A study of legal regulation i n administrative restrictive of competition has important value in theory and practice. Through a review of development history of anti-monopoly law, The analyses of the concrete rules about administrative restrictive of competition in Japan are based on four aspects of type of regulation, law enforcement agencies, enforcement procedure and legal liability. On the aspect of type of regulation, administrative restrictive competition behavior in Japan mainly shows cartel of administrative guide and administrative collusive bidding, which is quite different from department monopoly and regional monopoly in administrative restrictive of competition in China. On the aspect of law enforcement agencies, law enforcement agencies of Japan has more independent and authoritative than China. On the aspect of enforcement procedure, anti-monopoly law in Japan has specific procedure stipulation. It is more practical in comparison of simple law enforcement provisions in China. On the aspect of legal liability, in Japan, administrative restrictive of competition is governed by administrative legislation, civil legislation, and criminal liability legislation, which is more authoritative in comparison with administrative legislation, civil legislation in China. With the help of experience in Japan, China should insist on special legislation on administrative of restrictive competition and improve the position of anti-monopoly law enforcement agency with a severely punishment for those who violate the law and discipline.