Research On The Applicability Of The Promises System Of Antimonopoly Law

The legal system must adapt to the fast development of economy,so the promises s ystem of antimonopoly law is widely used in national legis lation and practic e,whic h is more effic ient and convenient.Through the theoretic al analys is of law and economics,jurisprudenc e and law sociology,promis es system of antimonopoly law conforms to low-cost and high effic iency target.In addition,promises system of antimonopoly law has private attribute and public attribute,which help achieve the substantial justic e and fairness.At the same time,the system improves the acceptability of law enforcement so as to realize the resumption of the market competition order and the higher consumer welfare.This system is more valid and rational and superior than other systems in terms of application.The study was made on the applic ation of promis es system of antimonopoly law according to the dispute caus ing by the China Net and China Unicom anti-trust case applying to the law promis es system.Through further analys is of the cas e,the ambiguous legis lation,diffic ult operation and incomplete related security meas ures are the main reasons of the poor effect of the applic ation of promis es system.Finally,based on the investigation of extraterritorial advanced legis lation and practice experience and considering China's national conditions,the study tries to put forward the following suggestions.First of all,c hoose the suitable enforcement mode for our national conditions of antitrust.Secondly,spec ify the scope and applic able conditions to promise system so as to enhance the operability of the law applic ation.Thirdly,ensure equal status and right of relief to guarantee the substantive justic e.Moreover,clear the functions scope of law enforcement agenc ies and take effective measures to limit their discretion.Furthermore,strengthen the supervis ion of social parties to operators effective and punish mechanis m.Finally,set up protection mec hanis m of interested party so that they have the right to know,partic ipate and relief.With the above measures,we can promote the improvement of law promis es system and enhance the applic ability of antimonopoly law enforcement to achieve the system superiority.