Research On The Operator Commitment System In Anti-monopoly Law Of China Under The Perspective Of Power Contorl Theory

Article 45 of the anti-monopoly law of China stipulates the operator commitment system, but it is only a principled stipulation, three anti-monopoly law enforcement departments have introduced the corresponding departmental regulations, to make a slight refinement, so that the operability of the system is improved. The system has the advantages of improving law enforcement efficiency and saving judicial cost. However, due to the provision is principle, the rules are not clear. In the process of implementing, the excessive reliance on the discretion of anti-monopoly law enforcement agencies left a large space for the exercise of the power of anti-monopoly law enforcement agencies,which can easily lead to abuse of power. Therefore, it is necessary to perfect the relevant content of the system to provide the basis for the enforcement of anti-monopoly law enforcement agencies, and to control the exercise of the power of anti-monopoly law enforcement agencies.In this paper, on the basis of analyzing the present situation of the system and the legislation in power control in China, the author makes clear the problems in restricting the exercise of the power of the anti -monopoly law enforcement agencies, from the perspective of power control theory. Through the analysis and reference to the operator commitment system in the United States, the European Union and Taiwan, the author puts forward some suggestions to improve the operator commitment system in China. First of all, it is necessary to clarify the conditions and scope of application of the operator commitment system and improve the current situation of the excessive discretion of the anti-monopoly law enforcement agencies. Second, we must improve the information disclosure, so that the power to run in the sun, to increase the transparency of law enforcement. Third, we must strengthen the supervision of anti-monopoly law enforcement agencies,and establish a special supervisory agency, to provide guidance and supervision for the fulfillment and fulfillment of commitments. Finally,to improve the remedies for breach of contract of anti-monopoly law enforcement agencies, to protect the operator can get relief when the anti-monopoly law enforcement agencies breach of agreement ,through the responsibility to control power.It is hoped that through the improvement of the contents of the above parties, the anti-monopoly law enforcement agencies can achieve the purpose of exercising their rights reasonably, guarantee the legitimate rights and interests of the operators and the relevant parties, improve the credibility of the anti-monopoly law enforcement agencies, give full play to the advantages of the system in improving the efficiency of law enforcement and saving judicial costs.