Study On The Perfect Anti-monopoly Law System Under The Perspective Of Optimizing Business Environment

China's economy has been growing steadily in recent years.In order to continue the development trend,it is necessary to emancipate the productive forces,speed up the construction of a modern economic system and create a good market environment.It is the most important to perfect the legal provisions of the supporting system of the market economy development and provide the legal guarantee for the optimization of the business environment.In many sectors of the law,anti-monopoly law on the optimization of business environment is particularly significant.When the market economy develops to a certain stage,the monopoly power rises and interferes with the economic development in various forms.In order to maintain the fair competition order,it is necessary to regulate the monopoly behavior.Based on the objective of optimizing business environment,China urgently needs to perfect the relevant systems of regulating administrative monopoly,economic monopoly and anti-monopoly enforcement.In the system of administrative monopoly regulation in our country,the system of ex ante regulation——Fair Competition Review has been effective in restraining administrative monopoly since it was put into effect.However,there are some problems in the self-censorship mode,such as lack of motive,low quality,imperfect supervision and responsibility mechanism.Through the implementation of Fair Competition Review Third-party Evaluation System to improve the self-review of the main capacity,and improve the self-review incentive,supervision,responsibility mechanism.For the administrative monopoly acts that have been carried out,by adjusting the local tax system,establishing the regional monopoly public interest litigation,perfecting the regional monopoly legislation,opening the channel of relief for the victims of the administrative Coercive monopoly,consumers,etc.,to make up for China's administrative monopoly of the lack of regulation.The defects of regulating economic monopoly in our country are mainly reflected in the unclear standard of identifying behavior.We should unify the analysis methods of the law enforcement subject by clarifying the criteria for the determination of monopoly agreements,improve the criteria for defining the dominant position of the market,and amend the relevant provisions of the law,explain the concentration of"control power" by the operators,and determine the criteria for judging and measuring factors,increase the intensity of responsibility and increase the way of responsibility.Effective enforcement of anti-monopoly law can play its due role.In order to improve the effect of anti-monopoly law enforcement,the new anti-monopoly Bureau of the State General Administration of Market Supervision and administration was established to exercise the anti-monopoly law enforcement power.However,there are still some problems in the reform of the main mechanism of law enforcement,which should be improved by clarifying the position of anti-monopoly law enforcement agencies and clearing up the residual rules of "multi-enforcement".Based on the concealment of monopoly behavior and the diversity of its forms,it is necessary to introduce other enforcement tools,including private enforcement and soft enforcement.It is urgent to solve the problems such as the short introduction time,lack of systematized regulation,the implication of the plaintiffs abuse and the long period of examination.There is no clear regulation on soft enforcement of anti-monopoly law in our country,so it is difficult to be used in practice when the relevant mechanism and system are not perfect.Therefore,it is necessary to build a law enforcement system,strengthen anti-monopoly compliance guidelines,and increase the possibility of system implementation.