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The Research on Implementation Mechanism of Antitrust Law

Author: ZhangJun
Tutor: HuGuangZhi
School: Chongqing University
Course: Economic Law
Keywords: antitrust law enforcement mechanism law-enforcement agency
CLC: D922.294
Type: Master's thesis
Year: 2009
Downloads: 288
Quote: 0
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Abstract


The antitrust law in our country has been implemented. Estabilishing a series of enforcement mechanism for antitrust law fit for our national condition can protect economy interestes. And most importantly, the establishment of a strong agency can provide guarantee for market competition.Through the analysis of current antitrust law enforcement mechanism, and the previous enforcement practice in the developed countries such as America and Germany, the thesis puts forward suggestions as for how to improve the antitrust law enforcement mechanism in our country, in order to maintain market competition and social stability. The thesis can be divided into three parts:The relevant concept and objectives of antitrust law enforcement mechanism are introduced in the first part. To draw the research scope of the thesis, the definition of“antitrust law enforcement mechanism”has to be specified, especially the definition of the two words“enforcement”and“mechanism”. Justice is not only an essential value objective under the law system of market economy, but also the objective pursued under the antitrust law enforcement mechanism. Justice means fairness towards everyone in the enforcement of law.In the second part, two kinds of legislation modes under the antitrust law enforcement mechanism are introduced, that is,the jurisdiction-centered legislation mode and administration-centered legislation mode. The main feature of the first mode,with America as a typical representative,is the essential role the judicial agency plays in the enforcement of antitrust law, while administrative legislation agency plays a less important part.The typical characteristics of the second mode,like Germany,are the administrative agency undertakes the main tasks and plays the leading role in the enforcement mechanism of antitrust law. This kind of administrative agency is usually regarded as special enforcement agency of antitrust law.The current enforcement mechanism of antitrust law is introduced and how to be improved in the third part. Currently three government agencies have the right of enforcing antitrust law——Department of Commerce, National Development and Reform Commission and National industrial and Commercial Bureau. Although they have provied enforcement guarantee for the elimination of market monopoly, maintained fair market competition and improved market economy construction, many problems cannot be ignored, such as the decentralization of law-enforcement agency, the conflicts of law-enforcement proof, ambiguity of law-enforcement rights, the dependence of law-enforcement agency and the lack of professional trait . The author suggests that a special antitrust law-enforcement agency be established to satisfy the needs of antitrust enforcement. Independent quasi-judicial law-enforcement agency mode is a relatively advanced mode, which reflects the international trend in the establishment of antitrust law-enforcement agency, and it is also fit for our national condition. The antitrust law-enforcement agency should have the following power: making and correcting relevant rules and orders, investigation power, administrative punishment power, trial hearing power and verdiction power. The courts in our country should be further improved in order to be in accordance with the antitrust law-enforcement agency.

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