Study On Administrative Fines System Of China's Anti-monopoly Law

Administrative penalty is one of the most commonly used and most important legal means to prevent and stop the illegal monopoly action on antitrust law,with the most appropriate punishment and deterrence function.Administrative penalty system as one of the most important antitrust sanctions,played a key role in each country's legislation and law enforcement practice in the world.To give full play to the punishment and deterrence function of administrative penalty have to improve the system of the anti-monopoly administrative fines,which confirm the scientificity and operability administrative fines is indispensable.Since China's anti-monopoly law enacted time is not long,as the main sanction of administrative penalty system have some problems.Such as the fine punishment is too light;the amplitude of the penalty discretion factors are not enough refinement;the leniency policy of fine supporting system is unclear and so on.the anti-monopoly administrative fines in our country have much elastic,the uncertainty affects the deterrent force of antitrust fines,thereby impede the implementation effect of anti-monopoly law.EU and US have detailed stipulation about determine standards of antitrust fines.Through using the anti-monopoly fines experience of advanced foreign countries or regions,combined with specific anti-monopoly administrative penalty practice in our country,put forward for the improvement advice of the system of anti-monopoly administrative fines,to enhance China's system of antitrust administrative fines deterrent,scientificity and operability,promote the effective execution of anti-monopoly law.Deterrence is one of the main targets of the anti-monopoly administrative fines,the realization of the function of the anti-monopoly administrative fines deterrence,to do with the severity and deterministic of the penalty.The improvement of the system of the anti-monopoly administrative fines,on the basis of the proper balance between the profit of the government,enterprises and consumers,to enhance the penalties of fine,to clear the discretion factors and leniency policy of penalty.