Study On The Regulation Of Quasi-judicial Principles On Anti-monopoly Law Enforcement

Anti-monopoly law enforcement is of great importance to the healthy development of market economy.With the ongoing social progress,anti-monopoly law enforcement encounters many difficulties in our country.Therefore,the aim of this paper is to adopt quasi-judicial principles to optimize the anti-monopoly law enforcement mechanism in our country.In the introduction,the author describes the historical background of “deepening the structural reform of administrative law enforcement”,analyzes the predicament that the anti-monopoly law enforcement mechanism is facing,and then gives the foothold of discussion of this paper,i.e.the regulation of quasi-judicial principles on the subjects and procedures of anti-monopoly law enforcement.And then,the author elaborates the point of view by centering on four aspects including “quasi-judicial principles in the context of anti-monopoly”,“specific implementation forms of quasi-judicial principles outside the field”,“current situation and problems in anti-monopoly law enforcement in our country”,and “quasi-judicial regulations of the anti-monopoly law enforcement mechanism”.Specifically:First of all,scholars have a variety of understanding on quasi-judicial principles in the anti-monopoly context.After the comprehensive comparison of various views,the author believes that in the anti-monopoly context,quasi-judicial principles mean that the power of the sword of justice similar to the judicial power should be given to the anti-monopoly authorities.On this basis,the anti-monopoly authorities should make a fair decision on the case through a judicial-similar decision procedure.Accordingly,the author discusses the relationship between the quasi-judicial principles and anti-monopoly law enforcement,which mainly includes: quasi-judicial principles are the basic criteria to regulate the anti-monopoly law enforcement process;the subject regulated by the principles is the quasi-judicial body;quasi-judicial principles require the subject of anti-monopoly to have the power of the sword of justice similar to the judicial power.Quasi-judicial principles determine judicial-similar decision procedures applicable to anti-monopoly law enforcement.And then,the author sums up the two jurisprudential significances behind it.Secondly,by taking the anti-monopoly law enforcement in the United States and Germany as an example,the author summarizes and analyzes the practice forms of the quasi-judicial principles of the two countries,and sums up the different mechanisms and their respective advantages of the practice forms of quasi-judicial principles in the United States and Germany,which enlightens China's anti-monopoly law enforcement system.Thirdly,the author analyzes the current situation of anti-monopoly system in China and puts forward the existing problems of anti-monopoly administrative law enforcement.China's anti-monopoly system is a double-track management model of the consultant and coordinating body and the specific law enforcement agencies,and also a multi-agency parallel enforcement model of cooperation of China's National Development and Reform Commission,State Administration for Industry & Commerce and the Ministry of Commerce.Such a management and law enforcement model is more likely to generate problems,for example,the subject of law enforcement is not independent and not authoritative,and its enforcement work is not uniform and uncoordinated.Meanwhile,since the construction of China's anti-monopoly law enforcement system is not perfect,law enforcement procedures also lack the normalization and protection of the rights of the parties.Finally,the regulation of quasi-judicial principles on administrative law enforcement is mainly divided into the regulation of subject of law enforcement and law enforcement procedures.The main measure of regulation of the subject of law enforcement is to redefine the status and function of the anti-monopoly law enforcement committee and make it a quasi-judicial organ with independent and authoritative anti-monopoly power.And change the law enforcement system of separate cooperation of National Development and Reform Commission,State Administration for Industry & Commerce and the Ministry of Commerce to one that is under unified leadership of the anti-monopoly committee with agencies to practice anti-monopoly law enforcement,so as to solve the problem of non-uniform and uncoordinated work of law enforcement.At the same time,through the construction of quasi judicial enforcement procedures to achieve the standardization of law enforcement.