Study On The Settlement System The Implementation Of Anti Monopoly Law Internet Domain

The Internet from scratch, the rapid development and expansion of the speed is amazing. Nowadays, Internet everywhere. More and more people on the Internet dependence. Because Internet can provide people with a lot of information, creating huge trading platform, geographical factors is no longer economic development obstacles, on the Internet, technology innovation, the new economic mode gradually formed, commercial activities pluralism, various kinds of trade becomes fast, people’s awareness of the market has also been changed.Strong accumulation of capital and technology change rapidly makes the Internet from freecompetition generally toward monopoly, the Internet industry has formed a monopoly. Some monopoly enterprises with their own strong market in a dominant position in the Internet industry, monopoly agreements, abuse of market dominant position, and exclude theconcentration effect of restricting competition, operators and other monopolistic behavior,causes our country was free, ordered the destruction of the Internet market order. Compared with the traditional industry specific, the field of Internet is abstract. In recent years our countrybefore the promulgation of the anti monopoly law, although in the prevention and suppression of monopolistic behavior, protect fair competition in the market, improve economic efficiency,safeguarding the interests of consumers and social public interests, promoting the healthy development of the socialist market economy has played a certain role. However, the field of Internet monopoly is a new topic, is different from the traditional industry, the traditional way of the enforcement of the anti monopoly law will appear the phenomenon does not apply.Moreover, the field of the Internet itself monopoly behavior definition is more difficult, with the complexity and fuzziness, the case is more complex, the higher the cost of law enforcement.China’s anti monopoly law and no clear legal regulation of the Internet in the field of monopoly.First, the "anti-monopoly law" forty-fifth operators commitment system represents a basic outline of the anti-monopoly law enforcement system of reconciliation, stipulated in principle,but did not make clear regulations on monopoly behavior in internet. Second, the State Administration for Industry and Commerce on antitrust enforcement system applicablemonopoly agreements, abuse of dominant market position requirement is to "anti-monopoly law" forty-fifth article detailed regulations, also did not relate to the field of internet. Third, the national development and Reform Commission of conciliation system applicable provisions ofsuspected price monopoly agreement is based on the provisions of the "anti monopoly law" article forty-fifth on the basis of. There are also differences in the Administration for Industry and Commerce and national development and Reform Commission specific interpretation ofantitrust enforcement system, which belongs to the defects of legislation. Therefore, in practice, the monopoly case of Internet which is a special field, gave law enforcement agencies too much discretionary power. This is not conducive to a fair and impartial.Therefore,the anti monopoly law enforcement reconciliation system development. As an informal procedure of anti trust reconciliation law enforcement has the superiority of high efficiency and low cost, mild, makes the related enterprises in the recourse to the law enforcement agencies besides a shortcut to resolve disputes. That is to say, the construction of Internet domain of anti trust reconciliation law enforcement is very important for China’s Internet market free competition and healthy development.This paper from the following several part of reconciliation system enforcement anti-monopoly Internet domain.The first chapter,the article mainly expounds the background,the relevant significance,the domestic and foreign scholars of different research,research methods of the problem.The second chapter, the law enforcement of antitrust analysis of reconciliation system in Internet field, elaborates its nature, analyzing the importance of law enforcement of antitrustreconciliation system in the field of the Internet, a preliminary discussion on the connotation and the request of law enforcement of antitrust reconciliation system in Internet field, analysisthe necessity of implementation of anti-monopoly reconciliation system of law enforcement in the field of internet.The third chapter, the interpretation of current legislation of our country antitrust reconciliationsystem of law enforcement in the field of the Internet, China’s "anti-monopoly law" article fiftieth and article forty-fifth in the form of law clearly stipulates that the State Administration for Industry and Commerce and the national development and Reform Commission promulgatedrelevant regulations to deal with the disputes. Through to our country Internet domainlegislation of anti-monopoly law enforcement status of reconciliation system elaboration, points out the problems that exist in practice, in order to get the solution.The fourth chapter, determine the overall goal of reconciliation system of law enforcement in China anti monopoly, unification of justice and efficiency, maintaining the unity of competition and the protection of public interests, realize the unity of power restriction and protection of the rights. Through the comparative analysis of relevant experience American, EU, China’s Taiwan region, give full consideration to the situation of our country, of our country puts forward useful suggestions. Focuses on the improvement and Countermeasures of reconciliation system of law enforcement of anti-monopoly in China Internet domain, from the scope of perfecting the conciliation system and the applicable conditions, supervision mechanism, punishment mechanism and relief mechanisms of these aspects were analyzed with suggestions, in order to provide theoretical basis for practice.