Research On The Establishment Of Anti-Monopoly Law Enforcement Subject In China

The anti-monopoly law is the basic law for maintaining the order of the market economy and is known as the "economic charter." Since the implementation of China's anti-monopoly law for more than ten years,it has played an irreplaceable role in safeguarding China's socialist market economic order and establishing and improving the socialist economic legal system.Especially in the context of economic globalization,anti-monopoly law enforcement is crucial,and the setting of its main body is the key point.With the development of the market economy,the economy and trade have gradually become highly integrated and complicated.According to the changes of the market economy and the needs of the society,China's anti-monopoly law enforcement system needs to comprehensively deepen the reform.In March 2018,China's anti-monopoly law enforcement body was reformed.The anti-monopoly functions of the Ministry of Commerce,the National Development and Reform Commission and the State Administration for Industry and Commerce were attributed to the Anti-Monopoly Bureau of the State Administration of Markets.Although the State Council's Anti-monopoly Committee continued to retain,its specific The work is undertaken by the Antimonopoly Service.From the perspective of further perfecting the main body of anti-monopoly law enforcement in China,the author studies the establishment of anti-monopoly law enforcement subjects in China,and puts forward suggestions for further improving the anti-monopoly law enforcement subject.Firstly,it analyzes the concept of anti-monopoly law enforcement subject setting,the characteristics of anti-monopoly law enforcement subject,the characteristics of anti-monopoly law enforcement behavior,and analyzes the importance of anti-monopoly law enforcement subject from three aspects: economic theory,legal system and national strategy.This is the theoretical basis.Secondly,it expounds the development and status quo of China's anti-monopoly law enforcement main body,comprehensively analyzes the advantages of China's current anti-monopoly law enforcement subjects with clear jurisdiction,high law enforcement efficiency,reduced administrative costs and increased flexibility,and then analyzes China's current anti-monopoly.The inadequacy of the independence and authority of law enforcement subjects,the lack of professionalism of the law enforcement team,and the weak enforcement of administrative monopoly are weak.Then draw on the establishment of anti-monopoly law enforcement entities in the United States,Germany,the European Union,Japan,and South Korea,summarize the merits of the five countries and regions in the anti-monopoly law enforcement,and clarify the trend of anti-monopoly entities.China should be given independent status.Ensuring the practice of notarization and law enforcement,strict personnel selection,conducting expert law enforcement,establishing supervision and checks and balances mechanism to ensure law enforcement efficiency,and attaching importance to program design to accept supervision by all parties to improve China's anti-monopoly law enforcement entities.Then,combined with China's national conditions,it puts forward suggestions for reforming and perfecting the main body of anti-monopoly law enforcement in China.Following the three principles of independent authority,professionalism,and supervision,the Anti-Monopoly Law is defined in the Anti-Monopoly Law as the main body of anti-monopoly law enforcement in China.This is the foundation for ensuring the independence and authority of law enforcement subjects.On this basis,an anti-monopoly law enforcement model based on the dispatch mode is established to ensure that the central independent enforcement power is not interfered by all parties and maintains fair competition in the market economy.After establishing the main body of law enforcement and the mode of dispatch,it further clarified its internal construction.According to the needs of the responsibilities,the three main departments of the Regulation Bureau,the Economic Bureau and the Competition Bureau can be established to implement the functions of the anti-monopoly law.Finally,improve the anti-monopoly law enforcement main body by improving supporting legislation,strengthening supervision,strengthening administrative monopoly law enforcement authority,reforming existing judicial institutions,and rationalizing the relationship with other institutions,so as to realize the entire anti-monopoly law enforcement body.Efficient law enforcement,guarantee the comprehensive and effective implementation of anti-monopoly law and related laws and regulations,and standardize the socialist market economic order.