Antimonopoly Law Enforcement Mechanism Research In China

The life of law lies in implementing.Anti-monopoly law of a country is known as the "economic constitution". It is an important sign, which symbolizes its economic legislation to maturity. In 2008, with the promulgation and implementation of the" Chinese Anti-monopoly Law ", how to play the practical effect of it has become a topic of growing concern. The subsequent "Coca-Cola to buy Huiyuan" case, but also sparked the actual effect of the anti-trust concerns effectively. Any law in order to play its actual role, is inseparable from the effective implementation mechanism, anti-monopoly also remains the same. Antitrust enforcement mechanism, is the anti-monopoly law carried out in a country or a series of strong operational system ,which is implemented by the relevant national authorities. On researching the implementation mechanism, firstly, we must have a clear understanding and decision about the theoretical basis of implementation mechanism. Antitrust enforcement mechanisms in China must follow the effective competition and start from the social standard which must be combined with China's actual conditions. Secondly, On researching, the implementation mechanism of anti-monopoly law, not only with its administrative law enforcement model, but also with its judicial relief patterns, and related laws and regulations carefully. About the problems, we can proceed from actual conditions in China, learn the advanced experience of foreign countries actively, and suggest a resolution. Overall, the implementation of anti-monopoly law is a complex project for economic and legal complexity problem, etc. During our discussion and study, we must highlight the study and research of China's actual conditions. This paper is divided into four parts:The first part is the theoretical definition of antitrust enforcement mechanisms. The main idea is the definition and analysis about the concept of implementation mechanism of anti-monopoly laws , and which it must comply with the legal system. Illustrate the importance of anti-monopoly law and antitrust enforcement mechanisms to implement mechanisms for adhering to the rule of law concept. We must start from the social standard and protecting the effectively competition, which also is the implementing goal of anti-monopoly law.The second part is the current foreign anti-monopoly enforcement mechanisms. It is a simple introduction about the typical major foreign anti-monopoly enforcement mechanisms. That is, the United states, Japan and Germany. And with a brief description of the foreign anti- monopoly implementation mechanism, emphasizing the characteristics and development trend of the anti-monopoly enforcement mechanisms. It means the independent, professional and authoritative of administrative law enforcement and its broad authority of anti-monopoly agencies. In addition, every country's development trend about anti-monopoly enforcement mechanisms, which has increasing emphasis on judicial relief system.The third pant is the implementation of existing anti-monopoly mechanism and the main problems. It leads a simple introduction with china's"anti-monopoly implementation"mechanism, which is determined by relative laws and regulations. Mainly, it introduces the features of anti-monopoly enforcement mechanisms (including administrative law enforcement and judicial relief system) and the major problems.The fourth part is the settlement proposal raised from the main issues of the third part. View of the anti-monopoly law enforcement and judicial relief system characteristic, with the problems existed in China'Specific national conditions. And on the basis of drawing some abroad experiences and lessons, put forward specific proposals to solve.