The Perfection Of Operator's Commitment System In China's Anti Monopoly Law

The "Anti-Monopoly Law" officially implemented by China in 2008 not only safeguarded the market economic order,promoted the development of the economy,but also protected the legitimate competition rights of other competitors.With the development of the market economy,the monopolistic behaviors generated by competition are becoming more and more diversified.The concealment and complexity of the new monopolistic behaviors bring many unpredictable difficulties to the anti-monopoly law enforcement agencies.The traditional anti-monopoly law enforcement form,due to the long operating cycle,slow implementation cycle,and the need to spend a lot of manpower and material resources will gradually be eliminated by the historical wheel.As an emerging anti-monopoly law enforcement system,the operator commitment system has experienced a process from scratch.Compared with other anti-monopoly law enforcement systems,the commitment system is more flexible and has strong adaptability and convenience.The commitment system excludes monopoly through the form of agreement between the operator and the law enforcer.Therefore,its content is not fixed,and it is no longer similar to the traditional law enforcement system.It is the common behavior of both parties to be controlled by the law enforcement agency.The emergence of the operator commitment system not only makes up for the shortcomings of China's anti-monopoly enforcement system,but also provides sufficient impetus for the development of anti-monopoly cases in China,and lays a solid foundation.However,there are many problems in the current commitment system in China that need to be classified and discussed.Compared with mature developed countries?regions?,China's commitment system is still in its infancy.The "Anti-Monopoly Law of the People's Republic of China"introduces a commitment system in Article 45.However,at present,whether it is a theoretical stage or a transaction stage,the application and research of the commitment system in China's law enforcement process is not comprehensive enough.Over the years,along with the vigorous development of the economy,the operator's commitment system has made great achievements in the anti-trust enforcement practice in the United States,and has achieved remarkable results.It has gradually become one of the important law enforcement methods of anti-monopoly law enforcement agencies,which saves costs and raises litigation.The outstanding advantages such as efficiency have been recognized by countries and regions around the world,and the system has been actively introduced into the anti-monopoly law in the EU,Japan and Taiwan.Today,when China's economy is booming,the operator's commitment system will shine in maintaining the market competition order and the implementation of the anti-monopoly law,which not only provides a more convenient way for anti-monopoly law enforcement agencies,but also conforms to the international anti-monopoly law enforcement agencies.The commitment system in the monopoly law is the development trend of public execution,so it is necessary to conduct an in-depth study of the operator's commitment system.Although China has introduced the commitment system of the operator,this article is the primary threshold for the development of the commitment system.In the implementation of anti-monopoly cases,the application will often not be accurately positioned and understood.Since the legislation on the commitment system is not comprehensive enough,the enforcement basis of the consent cases among the various law enforcement agencies varies widely.At the same time,there are still problems such as the lack of specific procedures after the operator has made a commitment.These problems will lead to the emergence of the commitment system in the process of the operators in order to evade the punishment of malicious promises or false promises,the use of the commitment system as a springboard to infringe the legitimate rights and interests of other stakeholders,and even appear secretly colluding with law enforcement,breeding corruption.Therefore,only constructing the framework of the operator commitment system can not effectively promote the efficient operation of the commitment system,improve the operator's commitment system,analyze from the perspective of legislation and law enforcement,summarize the relevant provisions of the domestic and foreign operator commitment system,and promote China.The operator under the anti-monopoly law system has made a commitment to study the operator commitment system within the scope of application by limiting the scope of application of the operator's commitment system,which can eliminate major anti-monopoly cases and avoid the commitment system being operated by the operator or the law enforcer.Use it arbitrarily.Determining the time when the commitment system is initiated will help the operators to clearly apply for the time limit for suspending the investigation,improve the open procedures for monopoly cases,protect the legitimate rights and interests of operators and competitors,and promote the overall supervision of the commitment system by means of social supervision.The supervision method of the operator's commitment system is also not perfect.Through the formulation of the reporting system,the operators can fulfill the commitment system spontaneously;establish publicity procedures,strengthen social supervision,and protect the legitimate rights and interests of other competitors;establish a third-party supervision body,Ensure that operators suspected of monopoly can comply with the agreement.Commitments reached between operators and anti-monopoly law enforcement agencies.If there is no strict law to regulate their performance,it is not effective to rely solely on moral constraints.Therefore,it is necessary to classify and establish a punishment mechanism to determine the punishment mechanism for the payment class and the restriction class.Strict enforcement,strict requirements.Thereby promoting the efficiency of law enforcement,supervising the monopolistic behavior of operators under the market economy,and finally solving the problem of difficult implementation and long execution period of monopoly cases.