On The Exercise Of Discretion In Anti-monopoly Law Enforcement In China

Anti monopoly law enforcement,in essence,is a process in which professional organizations weigh their interests in combination with specific economic and competitive conditions.Because of the complexity of anti-monopoly behavior and the uncertainty of anti-monopoly rules,the anti-monopoly law enforcement has great flexibility.Therefore,most countries and regions generally give antitrust law enforcement agencies a wide range of discretion.In the process of exercising this huge discretion,it is easy to go beyond the reasonable and normal scope,resulting in the abuse of discretion.The arbitrariness of discretion in anti-monopoly law enforcement,even the abuse of discretion,will cause great damage to the legitimate interests and independent management rights of operators.Starting from the legal basis and logic of the discretion in the anti-monopoly law enforcement,this paper combs the enforcement cases since the implementation of the anti-monopoly law in China,sums up and analyzes the problems existing in the exercise of the discretion in the anti-monopoly law enforcement,and establishes a basic rule for the exercise of the "freedom" of the discretion in the anti-monopoly law enforcement,hoping to standardize the self-regulation of the law enforcement agencies In order to promote the market competition and the healthy development of national economy,we should improve the predictability of anti-monopoly law enforcement by the exercise of discretion.This paper is roughly divided into three parts: the first part briefly summarizes the basic theoretical issues of this paper,analyzes the relationship and difference between the exercise of the discretion of anti-monopoly law enforcement and other general administrative law enforcement.Based on these relations and differences,this paper provides a theoretical basis for the following suggestions on regulating the discretion in anti-monopoly law enforcement.The second part combs some cases of anti-monopoly law in China,and finds out the problems in the exercise of discretion in anti-monopoly law enforcement through induction and summary.The third part aims at these problems,draws lessons from the foreign advanced experience,and unifies our country concrete national conditions,proposes the reasonable regulationsuggestion.