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The implementation of the institutional issues of antitrust laws

Author: LvYingJie
Tutor: HouShuiPing
School: Sichuan Academy of Social Sciences
Course: Economic Law
Keywords: Anti-monopoly law Carry out system Law enforcement Judicial
CLC: D922.294
Type: Master's thesis
Year: 2009
Downloads: 106
Quote: 1
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Abstract


The anti-monopoly law enforcement system and the judicial system architecture is the core of China's anti-monopoly law enforcement system. China's anti-monopoly law enforcement system should include the establishment of central and local anti-monopoly law enforcement agencies system. Which system is the most critical of the anti-monopoly law enforcement agencies, antitrust enforcement system is extremely important entity content at the same time, set a reasonable and effective antitrust enforcement procedures is the procedural provisions of the anti-monopoly law enforcement system. Both interaction and cooperation. For our antitrust judicial system design, the author recommends the establishment of anti-monopoly public civil litigation system and the Higher People's Court set up a special anti-trust tribunal and the Advisory Committee. The main force of the implementation of the anti-monopoly law from the Court, antitrust specialized agencies, private, from the situation of China's current anti-monopoly law implementation, in court, I believe that anti-trust tribunal can be set up in the High Court from the law and practical level to establish the way of antitrust civil public prosecution and private litigation; antitrust specialized agencies, I believe that the current Ministry of Commerce, the State Administration for Industry and Commerce and the National Development and Reform Commission, the three agencies split law enforcement mode can only be a transitional expediency of the stage, the future should be given specialized anti-monopoly law enforcement authorities with high authority and independence, and given its quasi-judicial powers by law and the development of the right to legal advice; private, I believe that a natural person, partnership, corporate should become the driving force to promote the implementation of the anti-monopoly law, private by informers, Report start antitrust investigation procedures of the specialized agencies, the opening of private civil antitrust channel, he is dissatisfied with private antitrust punishment of the specialized agencies, entitlement programs and approach to antitrust specialized agencies counterappeal. The above points, China can be reflected in the implementing rules after the enactment of the anti-monopoly law. All in all, the institutional issues involved in the anti-monopoly law implemented very broad, including many factors in the field of sociology, economics, management science, policy design, the effective implementation of the mechanism in the context to adapt to China's national conditions, the establishment of China's anti-monopoly law, should be public implementation of the main antitrust laws, it is recommended that the introduction of private enforcement mechanisms. Public implementation of China's anti-monopoly law for its own insurmountable defect, unable to meet the social needs of the transition. Private implement important to make up the institutional flaws of the Chinese anti-monopoly law implementation and corrective role. Construction of private antitrust law implementation mechanisms in China, is an ambitious proposition, to pay long-term and arduous efforts.

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Business Economics and Management Act
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