Increase The Certainty Of Administrative Penalty In China Antitrust Law

Antitrust fines are the most common and widely applicable punishment methods for antitrust enforcement,which play an important role in anti-monopoly legislation and practice.However,due to China's antitrust fines system has great flexibility and to law enforcement agencies the discretion of the lack of effective constraints,for the application of the antitrust fines in extremely uncertain situation,embodied in the fine base,scale,discretion,discretion method and relation with confiscate the illegal income uncertainty,etc.These aspects of uncertainty will lead to the antitrust fines system lack of transparency and operability,greatly influence the exertion of its deterrent function,legal value and purpose of the legislation,also cannot achieve.Therefore,it is necessary to think carefully how to solve the problem of the application of anti-monopoly penalty in practice,and find out how to improve the certainty of anti-monopoly penalty in China.The perfect quantitative rule is the basis of the certainty of the monopoly penalty.There are many shortcomings in China's current anti-monopoly quantification rules: the penalty setting method is unscientific,the specific provisions lack transparency and operability,and the exemption standard is not perfect.This paper focus on perfecting our country's antitrust fines quantitative rules,the rules of other country good place,suggest to improve China's antitrust fines certainty: in order to improve the relative certainty of fines as the basic train of thought,alert to absolutely determine the road;As the main way to improve the determinacy of fines,the penalty guide is used to improve the rectifying function of judicial review.Formulate specific and explicit penalty methods and give full play to the deterrent function of fines.To concrete system construction,to improve the relative uncertainty of China's antitrust fines,to formulate unified fine,specific guidelines,improve fine predictability and certainty,each operator to obtain fair treatment;In order to improve the calculation basis of antitrust fine,reasonable penalty setting method,calculation base and calculation proportion are adopted.It should clarify the discretion of the anti-monopoly law enforcement,and restrain the discretion of the law enforcement agency.When we improve the implementation rules of the anti-trust system,we will improve the initiative of the illegal enterprises.At the same time,it is suggested to innovate the anti-monopoly penalty method in China,such as the "five-step discretion method" proposed by wang jian scholars.To remove the provisions of "confiscation of illegal income" and improve the operability and rationality of the fine system.