Operators Commitment System Studies

With the development of economic globalization，in order to strengthen thecompetitive power of the domestic enterprises of the world，based on the state’soverall economic target and social policy of comprehensive consideration，the westfrom the legislation and judicial practice of legal regulation of monopoly phenomenongradually relaxed， to establish a flexible system of operators commitment.Commitment system with the characteristics of the flexible and efficient and has beenaccepted by the legal system of countries and regions.Our country antimonopoly law article45main use for reference the experienceof the regulation system of managers’ commitment， is essentially a kind ofadministrative law enforcement system of reconciliation. This is the first time China’santi-monopoly law in the field of public law enforcement to establish a system forcommitment，our operators commitment system applicable conditions and scope ofapplication is not clear， lack of public programs and realistic problems such asWeiNuo punishment system has not been established，especially in the commitmentwill also appear in the process of law enforcement agencies for the pursuit ofself-interest and harm the interests of the public interest，the third person cannotprotect，supervising the implement obstacle.In this paper，a total of four chapters. First chapter commitment system of thebasic problems，promises system is defined after comparing with the forgivenesssystem， the administrative reconciliation system，the intention is to achieve moreclearly cognitive commitment system. On this basis，the analysis of the theoreticalbasis of this system，respectively from the public and private law integrates theory andan in-depth understanding of administrative contract theory two aspects，make fullyprepared for analysis of concrete to build the system.The second chapter is analyzing the specifications of the operators promisesystem in China and found deficiencies. The normative commitment systemspecification is mainly the anti-monopoly law and the administrative department for industry and commerce and monopoly agreements，abuse of dominant market positioncase program regulations，the provisions of the relevant law system about too general，operability is not strong，the prominent problems such as the applicable conditionsand scope of application is not clear， lack of public programs and WeiNuopunishment system has not been established，rights and interests of stakeholders andthe public interests protection mechanism is not sound，this is the focus of this paper.The third chapter is to clarify the content of the problems in the system of ourcountry’s commitment，after analysis of outside rules and theoretical point of view，the operator commitment system from in a few countries used until now approved bymost countries and regions with applicable after nearly a century of development. Inthe United States， the European Union，Japan and Taiwan for reference， absorbbeneficial experience，our advantage. Clear scope， perfect the public procedure andscientific WeiNuo punishment mechanism are worth our using for reference，this isthe content of the third chapter.The fourth chapter is about the improvement of the system of operatorscommitment. First is to determine the perfect should follow the principle，inaccordance with the equity of freedom and order，ensure justice and efficiency，on thebasis of equity， from the start the program， implementation procedure andresponsibility mechanism of perfect three angles respectively，among them，in orderto make clear the applicable scope and the suitable conditions and expand the subjecttwo aspects to perfect the initiator，a clear commitment system applicable premisecondition， can fully demonstrate commitment system of legal value and socialvalue，also can to a certain extent，inhibit the law enforcement of administrativediscretion. In order to prevent the abuse of public power law enforcement authority，the application of the system of many countries and regions have limited conditions.Expand commitment program start the subject is the concrete embodiment of theprinciple of equality in operators commitment system，can support the fair andeffective commitment program is running，realize the value of its efficient and target；To set up a bulletin and hearing system，the introduction of stakeholders to participate in the mechanism to improve the procedures of implementation，and it not onlyrealized the constraints of law enforcement discretion，law enforcement agencies toexplain to the public commitment can maintain benign competition of the marketreason， let people have a chance to measure promises to protect the public interest，make law enforcement and the relationship between the operators more transparent.System in order to make the commitment to achieve balance in the interests of allparties，interested persons to participate in mechanism was introduced into ourcountry can give interested persons full commitment program participation；Fromestablishing WeiNuo penalty system， establishing the system of reputation for thesetwo aspects of perfecting the responsibility mechanism. Most countries have a legalsystem to support operators for heavy fines for violating a commitment or severedeprivation operators promise again. And the reputation of the enterprise is theenterprise long-term development important farmar，is the foundation of its continuingoperations， so through the establishment of reputation information releasemechanism，an operator to operator violation of the settlement shall be notified in theindustry，so that enterprises in the implementation of illegal ACTS and violation ofcommitments，weigh the pros and cons，because of the goodwill is impaired the lossof the economic benefits of，dare not easily to implement the violation or breach ofcontract，which constraints the operator’s behavior.