The Protection Of Rights And Interests Of The Interested Parties In Operator Commitment System

As an "economic constitution," antitrust law occupies a critical position in the market economic activities.operator commitment system is an important system stipulated in antitrust law.As a result of the privatization of public law,the connotation of operator commitment system is the agreement reached by the antitrust law enforcement agency and the operators of the alleged monopolistic operator.Operator commitment system has the unique advantage of traditional law enforcement.It can effectively save law enforcement resources and cost,and improve the efficiency of law enforcement.Since the application of the antitrust law of China in 2008,operator commitment system has been gradually applied in specific cases.However,the provisions on the protection of the rights and interests of interested parties are very weak in the legislation,so that the legitimate rights and interests of the interested parties are not guaranteed and the road of safeguarding rights is very difficult.Therefore,it is necessary to study the protection of rights and interests of the interested parties,in order to improve our operator commitment system theoretical framework,so as to maintain a good market competition order,and safeguard social fairness and harmony.Based on the study of the related theory of operator commitment system and the interested parties,This article analyzes the definition of the rights and interests of the interested parties.Based on the current situation of the protection of rights and interests of the interested parties,this article finds out the deficiency of the rights and interests of the interested parties in operator commitment system.Finally,when studying the outstanding achievements of the protection and development of rights and interests of the interested parties in the foreign operator commitment system,it will help to improve the rights and interests of the interested parties in Chinese operator commitment system.In addition to the "Introduction" and "conclusion," the full text is divided into three parts.Introduction is mainly combines the current research situation at home and abroad,discusses the background the protection of rights and interests of the interested parties in operator commitment system and the theoretical and practical significance of the research.The first part is to introduce the basic theory of operator commitment system and the interested parties,study the main content of rights and interests of the interested parties,mainly discusses the interested parties the right to know,to participate,to supervision,to obtain relief,and with analysis of actual case of the conflicts of interests between interested partiesand the antitrust enforcement authority,suspected monopolies,lay a good theoretical foundation for the following analysis and problem solving.The second part studies the related cases of our operator commitment system,then analyzes and summarizes the current situation of the protection of rights and interests of the interested parties in the legislation and operation of our operator commitment system,and sums up the legislative defects and law enforcement defects existing in the protection of rights and interests of the interested parties in our operator commitment system.The third part: in view of the problems existing in the protection of rights and interests of the interested parties in Chinese operator commitment system,drawing lessons from the excellent achievements and practical experience of the protection of rights and interests of the interested parties in foreign operator commitment system,from the perspective of legislation and law enforcement,combining with our practice,put forward some suggestions to promote the protection of rights and interests of the interested parties in Chinese operator commitment system.Conclusion: The writing of this thesis is summarized briefly.