| Anti-monopoly law was born more than one hundred years, in the maintenanceof free competition market economy plays an important role in antitrust lawenforcement ways, with the development of The Times are changing, the traditionalway of compulsory enforcement slightly stiff, usually leads to too much lawenforcement discretion, excessive the intervention of the operator’s specific businessactivities. Due to the complexity of antitrust enforcement cases, not only toinvestigate whether companies involved in monopoly, and to determine whether thecase itself belongs to the scope of the anti-monopoly law enforcement regulation, todistinguish between legal and illegal monopoly, so the cost of enforcement is rising asthe complexity of the cases. Antitrust enforcement reconciliation system as aninformal program, to take a more gentle way to solve the dispute, incomparableadvantages with traditional law enforcement way, thus quickly popular in eachcountry’s legislation practice, antitrust law enforcement refers to the reconciliationsystem, the anti-monopoly law enforcement agencies investigating the antitrust case,law enforcement agencies can case the enterprise in the form of a negotiatedsettlement with the parties concerned, the anti-monopoly law enforcementreconciliation system, save social cost, administrative efficiency, save resources, tohandle cases more with limited resources, huge market economy, and administrativeresources are relatively limited, with limited resources is required to cope with themore economic cases, unavoidably will half-heartedly, attend. Reconciliation systemfor law enforcement to give enterprises more independent options, embodies the legalfairness, but in the process of the implementation of the antimonopoly executionreconciliation system, also appeared such as the law enforcement status localization,negative effects such as asymmetric information, in addition, because our country’santi-monopoly law promulgated before long, the lack of specific legal practice, theantimonopoly execution reconciliation system is stipulated in the general, lack ofmaneuverability, therefore this article through to the antitrust enforcement and comprehensive analysis, find out the problem, suggest to perfect the law enforcementreconciliation system,This article first chapter for the preface, introduction of the research significanceand purpose, literature review and research method innovation point.The second chapter, specific introduction of the basic system of antitrustenforcement reconciliation system, including law enforcement reconciliation systemadvantages and negative effects, that law enforcement and legal value ofreconciliation system, through the basic system of law enforcement and reconciliation,to have preliminary knowledge of law enforcement and reconciliation system.The third chapter, introduced the status quo of the anti-trust settlement system inforeign countries or and using for reference. Antitrust enforcement in major developedcountries reconciliation system to comb, basically has the United States, the EuropeanUnion, Japan, through the comparison and analysis, through the comparison betweenthe theory of analysis, to find common ground, give full consideration to China’snational conditions, put forward beneficial enlightenment to our country.The fourth chapter, focuses on the present situation of the antimonopolyexecution reconciliation system in our country, our country\"antimonopoly law\"article45operators commitment system is essentially antimonopoly executionreconciliation system. And issues in the anti-monopoly law enforcement practice inour country, specifically introduces the two cases, one is China telecom and Chinaantitrust case, a big chemical company rise in price is four. in our country, Based onlaw enforcement and the present situation of reconciliation problems existing in thepractice of law enforcement reconciliation system in our country, in order to findsolutions.Chapter5, the antimonopoly execution reconciliation system in our country hasmany problems, the fifth chapter focuses on the improvement of the system ofantitrust enforcement settlement, from the scope and conditions of use, improve thesystem of settlement of perfect supervision mechanism of reconciliation system, the protection of the interested party mechanism this several aspects carries on thedetailed elaboration, through specific recommendations, so as to provide theoreticalbasis for practice. |
