Research On The Application Of The Anti-monopoly Law Commitment System

With the transformation of government functions from management to service,administrative law enforcement reconciliation has gradually become an important measure of administrative interventions.This flexible intervention attaches importance to the discretion of the administrative organization and the subjective initiative of the administrative counterpart,and can effectively solve the problem of administrative law enforcement.The anti-monopoly law commitment system is a typical example of administrative law enforcement reconciliation.Since the implementation of the Anti-Monopoly Law in 2008,the application of the commitment system has gradually evolved from scratch.Within ten years,the commitment system has gradually improved through various departmental regulations,and has also won a place in the practice of anti-monopoly law enforcement,but it also exposed many regrets in the application of the system.In February 2016,the National Development and Reform Commission(hereinafter referred to as the National Development and Reform Commission)issued the“Guidelines for the Commitment of Operators of Anti-monopoly Cases”(Draft for Comment)(hereinafter referred to as the“Guidelines for Operators' Commitment”);In March 2018,the establishment of the General Administration of Market Supervision changed the situation of“three-legged”anti-monopoly law enforcement in the past.The changes in a series of anti-monopoly law enforcement practices put forward higher requirements for the application of the commitment system.Based on the analysis of current laws and regulations,this paper wants to contact the typical cases of law enforcement practice,summarize the outstanding problems in the application of the commitment system,and draw on the advanced experience of foreign countries to propose corresponding countermeasures and suggestions.In addition to the introduction and conclusion,this article is divided into the following four parts:The first part is the theoretical interpretation of the application of the anti-monopoly law commitment system.Including the basic connotation of the commitment system,the specific content of the commitment system,and the measurement of the benefits applicable to the commitment system,through the interpretation of the nature,content,and value objectives of the commitment system,lay the foundation for analyzing the problems existing in the application of the system.The second part is the judicial status quo applicable to the anti-monopoly law commitment system.It includes the non-uniform application standards of the commitment system,the not clear scope of application of the commitment system,the opaque application procedures of the commitment system,and the not in place supervision system of the commitment system.The problems existing in the current commitment system are classified and sorted out.The third part is the path method applicable to the anti-monopoly law commitment system.It includes the specific principles applicable to the commitment system and the method of measuring the benefits applicable to the commitment system.It proposes suggestions from the theoretical level to the use of the commitment system,and provides new solutions from the perspective of interest measurement.The fourth part is the countermeasures and suggestions for the application of the anti-monopoly law commitment system.It includes the uniform application of the applicable rules of the commitment system,the scope of application of the defined commitment system,the application of the full disclosure commitment system,the strict establishment of the supervision system,and the practical and feasible countermeasures and suggestions.