The Research On The Administrative Procedures For Regulation Of The Anti-monopoly Act

Monopoly is not only an economic concept, but also a legal concept. In theexisting books or literature in relation to relevant anti-trust laws, most authors haveregarded it as a study of the economic law, but very few people make the analysisfrom the perspective of administrative law. I believe that the anti-monopoly law, asone of the economic constitution, first of all , falls into the category of the public law .Moreover, according to the content of Anti-monopoly Law of PRC, the mainauthorities to conduct the anti-monopoly act is the executive ones,therefore thebehavior of the executive antitrust is naturally an administrative act . Since it is theadministrative act, the implementation must be in line with the relevant certainadministrative procedures. Furthermore, the anti-monopoly is a special kind ofgovernmental intervention in economic behavior. Compared with other administrativeactions, it is of great complexity and particularity. Nowadays, China's currentadministrative procedures in the legal system has not yet been sound. On the basisof the existing anti-monopoly law and the relevant provisions of the administrativelaw, learning from advanced foreign experience, the anti-monopoly law enforcementagencies should accept the principles of due process of law as the guidelines of theantitrust procedures .It is not only the demand of regulating the order of socialistmarket economic, but also the necessary requirement of China's administrative organsin accordance with the law. The research on the Administrative procedures for regulation of the anti-monopoly act has an important theoretical and practicalsignificance.The article is divided into four sections, and the structure is as follows :The first chapter is started from the basic concept of monopoly, and it introducesthe monopoly in all its forms briefly. Through the definition of monopoly from theAnti-monopoly Law of PRC, ruled out the research on a private antitrust and judicialanti-trust.It analyzes China's current executive mechanism for the implementation ofanti-monopoly.The second chapter analyzes the necessity of the regulation of the administrativeprocedures for the anti-monopoly. It says that the acts of the anti-monopoly fall intothe category of the public law, and the acts of the anti-monopoly law enforcementagencies belong to administrative acts. Then it analyzes from the scope that theadministrative act needs the regulation of procedures, the value of anti-monopolyregulation of the administrative procedures, and the combination of the shortcomingsof the administrative procedures with the acts of anti-monopoly. We get theconclusion that the anti-monopoly system of administrative procedures needs to beregulated.The third chapter describes the anti-monopoly regulation procedures of the themajor developed countries. Due to space limitations, the article introduces someanti-monopoly regulation procedures of the United Kingdom, Germany, the UnitedStates and Japan. According to the characteristics of these countries, it analyzes theshortcomings of the setting of China's anti-monopoly agencies .It also summarizes theinvestigation and handling procedures of antitrust, and we get some inspirations ofthe anti-monopoly regulation procedures, paving the way to analyze China'santi-monopoly regulation procedures.Chapter IV is the focus of this article. It introduces the current status of China'santi-monopoly law and administrative procedures relating to the legal provisions, anddemonstrates the anti-monopoly regulations administrative procedures, including twomain areas, investigation procedures and handling process China's anti-monopolyshould be guided by the principle of due process of law, and it should establish a sound system of the reasons clarification and protect the procedural rights of therelative parties.