| To protect free and fair competition order, anti-monopoly law is one of the basic laws to modern market economy, however, anti-monopoly law itself cannot be the creation of a free and fair market environment, it call not be separated from the effective implementation of all independent, efficient and authoritative antitrust law enforcement agencies. August30,2007, the29th meeting of the tenth national people’s congress Standing Committee adopted The Anti-monopoly Law of People’s Republic of China (it’s hereinafter referred as Anti-monopoly Law) which shall go into effect as of August1.2008. However, the antitrust enforcement has not achieved the desired results since the implementation of Anti-monopoly Law.Therefore, explore how to establish anti-monopoly law enforcement agencies and set of its responsibilities reasonably are of great significance.This paper is divided into four structures which are leading to the topic, targeting to point out the existing shortcomings, analyzing of foreign experience and putting forward ideas.The first chapter introduces some basic and theoretical research on the meaning of the anti-monopoly law, the function and setting modes of the anti-monopoly law enforcement agencies.The second chapter introduces Chinese anti-monopoly law enforcement agencies in detail, and summarizes some deficiencies by analyzing a new case.The third chapter analyses foreign anti-monopoly law enforcement agencies. I’ll illustrate some representative countries who are adopting the single or dual anti-monopoly law enforcement agencies setting modes. The United States and Germany are the representatives of dual anti-monopoly law enforcement agencies setting mode. Japan and South Korea is representative of the single anti-monopoly law enforcement agencies setting mode.The fourth chapter is the thought of the enforcement agencies of China in the future. Firstly, we should summarize the comprehensive factors when establish a law enforcement agency. Next, choosing to learn foreign experience based on the law enforcement environment and conditions of monopoly in China, I’ll illustrate the design requirements and concepts on Chinese anti-monopoly law enforcement agencies in detail. I suggest our country should establish a specialized independent anti-monopoly law enforcement agency which adopted committee system. We could continue to use the name of the State Anti-Monopoly Committee, and then reset its organizational structure, internal settings, as well as the duties and powers. |
