| Anti-monopoly law enforcement authorities impose administrative fines on the offenders, which is the most important and commonly used legal instrument adopted by the anti-monopoly law to prevent and suppress the illegal activities. It has the function of punishment and deterrence. Compared to severe criminal sanctions and civil remedies with the limited scope of the damage and the compensation effect, administrative penalty system has certain advantages which can make up for the inadequacy of the front two and give full play to their role as the anti-monopoly law sanctions. Therefore, administrative penalty system has very important position in the legislation and the enforcement practice of countries’ anti-monopoly law. It is a kind of important antitrust sanctions which has a regulation in the world’s major countries’ anti-monopoly law and the amount of the fine is to continuously improve in order to enhance its deterrence. So we can use the "Fine-centrism" to describe the status of administrative fines. Based on anti-monopoly administrative penalty system, as the object of study in this paper, the text consists of three parts:the introduction, the body and the conclusion. The body-part includes three parts.The first part is an overview of the administrative penalty system of our country’s anti-monopoly law. Firstly, the paper concluded a brief analysis of the concept, characteristic and function of anti-monopoly administrative penalty system, then provided an overview of our country’s administrative penalty system from four parts:executive body, regulation of behavior, standard form and amount of the fine, the relief system.The second part mainly analyzed the relevant provisions of our country’s administrative penalty system from five parts:lack of unified rules of fine, the disadvantages caused by long law enforcement, the increase of the difficulty of law enforcement caused by the fuzzy concept, insufficient deterrent caused by the low fines and the supporting the relief system is not perfect.The third part put forward some suggestions of our country’s administrative penalty system by drawing the relevant experience of EU competition law and combined with our country’s actual situation. The paper put forward the ideas from five parts:Develop uniform guidelines specific penalty, and strengthen antitrust enforcement authority, clearly related concepts, increase the amount of fines and improve the supporting relief system, so that we can enhance the transparency of administrative fines enforcement, deterrence, our Antitrust Law can be better implemented. |
