Anti-administrative Monopoly Law Enforcement Problem Research

Since the anti-monopoly law to implement the administrative monopoly law enforcement has been closely watched.Administrative monopoly refers to the administrative organ or the exercise of the state administrative power authorized by laws and regulations adopted by the state organ monopoly.Long-term planned economic system,the existing financial tax system,and the staff appraisal mechanism as well as the lack of competition and the rule of law concept is the cause of administrative monopoly in our country.Administrative monopoly of the implementation of the main administrative organ is not a market participant,but the market regulator,because the implementation main body has particularity,therefore the administrative monopoly law enforcement is crucial.The necessity of administrative monopoly law enforcement embodied in:improve the level of administration according to law,maintenance free competition and consumers'legitimate rights and interests,prevent the administrative monopoly of power rent-seeking,etc.Although the anti administrative monopoly law enforcement present situation is not optimistic in our country,the law enforcement work is facing many difficulties,but recently our country's administrative monopoly law enforcement work more normalized and refinement,you can see the country to regulate administrative monopoly behavior,determination to promote benign competition of the market.Perfect our country's administrative monopoly law enforcement work,first of all need to be solved is law enforcement model selection problem.The author will introduce two model of administrative and judicial enforcement model,the comparative analysis the advantages and disadvantages of different mode,finally,how to choose the anti administrative monopoly law enforcement pattern is discussed.By comparison,it is not difficult to find that the administrative monopoly administration law enforcement with high efficiency,strong professionalism,high flexibility,etc.But there is also a lack of independence.Judicial mode is the advantages of neutrality,which is beneficial to make a fair decision,you can also review the illegal behavior of administrative personnel,but the downside and its also obvious,law enforcement is inefficient.In order to break the administrative monopoly harm,the author thinks that,China's administrative monopoly law enforcement mode should choose one yuan administrative mode,auxiliary double-track mode of private litigation.In order to draw lessons from outside good experience,the author of the United States,the European Union and Russia's law enforcement situation are introduced.America's administrative monopoly law enforcement pattern is judicial mode,its against the law enforcement of administrative monopoly is the federal trade commission and the justice department's antitrust bureau as a prosecutor's identity to the court,in the end by the court to make a decision on administrative monopoly behavior.In addition,the United States antitrust enforcement results largely thanks to private litigation.The eu's administrative monopoly is the administrative pattern,the administrative law enforcement organs of administrative monopoly for the European commission.The commission enjoys a high degree of authority,the administrative monopoly behavior can be put on record,review,and can directly make punishment or prohibit such decision.In order to prevent the occurrence of administrative monopoly,the eu competition law also stipulates the reporting system for state aid,and regular inspection system,the implementation of the system of the two subjects are the European commission.The commission enjoys a high degree of independence and authority,a powerful blow to the administrative monopoly.Russia is on behalf of the state to the success of the economic system transformation,through three times of changes to the anti-monopoly law,expanded the types of administrative monopoly and the implementation of the subject.Russia has established the unified administrative mode of administrative monopoly,namely,and only one of Russia's anti-monopoly administrative enforcement agencies-the Russian federal antitrust bureau,the anti administrative monopoly law enforcement process,enjoy the great powers,has the reference significance.The last part of the article is also the place of innovation,the author summarizes the existing problems of the administrative monopoly law enforcement in China and from two aspects:administrative mode and judicial perfect Suggestions are put forward.Against administrative monopoly in our country administrative mode problems mainly has two aspects,on the one hand,the problems existing in the law enforcement agencies,including the competent authority of the administrative monopoly that the state antitrust committee lack of law enforcement,"higher authorities" as administrative monopoly enforcement authorities lack of rationality,etc.;Is characterized by on the other hand,the administrative monopoly behavior main body the legal liability of light,is not conducive to play against administrative monopoly law enforcement effect.Private litigation judicial mode there is a difficult case,lack of professionalism,lack of administrative procedure and litigation procedure of bridging rules as well as the provision of the administrative monopoly problem such as main body of civil liability.For the Suggestions for improvement of the administrative mode of administrative monopoly is mainly to establish a unified,authority of administrative monopoly law enforcement organs,improve the anti administrative monopoly with the independence of the law enforcement agencies,sent the antitrust committee at the provincial level as the local administrative monopoly law enforcement agencies,improve the administrative responsibility of administrative monopoly behavior subject;Against the administrative monopoly judicial mode,the author further perfecting the private launch the linkage between the model of administrative and judicial procedures and the civil liability of the administrative monopoly behavior main body.The author for the administrative monopoly in our country administrative law enforcement to rebuild a yuan mode,private litigation of double-track mode,looking forward to the new law enforcement model can minimize the generation of administrative monopoly,maintenance free competition of the market order.