Comparative Study On The Administrative Responsibility System Of China And Japan Anti-monopoly Law

The anti-monopoly law administrative liability system is the lifeblood of the legal liability system for monopolistic acts,and is the most common monopoly behavior liability system.To curb complex and covert monopoly behaviors,it is inseparable from the anti-monopoly law that the administrative responsibilities determine the subject to give full play to the administrative power.Therefore,in the context of the unified regulation of monopoly behaviors by the State Administration of Market Supervision,it is imperative to improve the supporting anti-monopoly law administrative liability system.Here,first of all,this article uses the literature research method to sort out the meaning and characteristics of the administrative responsibility of the anti-monopoly law,and at the same time demonstrates the key content of the administrative responsibility system of the anti-monopoly law.Secondly,focusing on the key content of the aforementioned administrative liability system,a comparative study of China and Japan Anti-Monopoly Law is conducted on the three aspects of the object of administrative liability regulation,the form of administrative responsibility,and the subject of administrative responsibility determination.Finally,in light of China’s remaining deficiencies,and referring to the development process of the administrative liability system of Japan Anti-Monopoly Law,it points out the way to improve the administrative liability system of China Anti-monopoly Law.This article is divided into five chapters besides introduction and conclusion.Chapter Ⅰ: Overview of the Administrative Liability System of the anti-monopoly law.First,it introduces the meaning of anti-monopoly law administrative responsibility system and its five characteristics of deterrence,discretion,temporary,public welfare,and negative social evaluation.Secondly,it analyzes the key contents of the administrative liability system of the anti-monopoly law--the object of administrative liability regulation,the form of administrative responsibility,and the main body of the administrative responsibility decision.These three parts lay the theoretical source for the comparison of the administrative liability of China and Japan Anti-Monopoly Law.Chapter Ⅱ: Comparatively discusses the regulatory objects of the administrative liability system of China and Japan Anti-Monopoly Law.First,it expounds China’s economicmonopoly.Secondly,it lists the regulatory objects such as Japan’s private monopoly,improper trading methods,abuse of comparative advantage,and restrictions on corporate integration.Finally,based on the comparison of the objects of the administrative liability system of China and Japan Anti-Monopoly Law,it concludes that China has not included the abuse of comparative advantage status into the statutory regulatory objects and the legal gaps in which its identification standards are unknown.Chapter Ⅲ: A comparative analysis of the administrative liability forms of China and Japan Anti-Monopoly Law is focusing on comparing one of the most commonly used forms of administrative liability between China and Japan.The most commonly used forms is administrative fine.Proceeding from the pros and cons of China’s administrative fines,combined with the development of Japan’s levy system,China Anti-Monopoly Law has an unscientific form of administrative liability,a vague base for administrative fines and an unclear range of administrative fines.Chapter Ⅳ: Contrasts the subject of administrative responsibility determination in the China and Japan Anti-Monopoly Law.Starting from the establishment and authority of the main bodies of the administrative responsibility decision in the China and Japan Anti-Monopoly Law,the limitations of the lack of enforcement power,the lack of quasi-judicial power and the unclear authority of the local administrative responsibility decision bodies in China’s antitrust administrative responsibility decision bodies are summarized.Chapter Ⅴ: Ways to Improve the Administrative Responsibility System of China Anti-Monopoly Law.Combining the predicament of the administrative liability system of the aforementioned China Anti-Monopoly Law,and drawing on the experience of comprehensive balance of the administrative liability system of Japan Anti-Monopoly Law,a feasible plan for improving the administrative liability system of the China Anti-monopoly Law is proposed.First of all,from the perspective of the target of administrative liability regulation and the balance of economic development,it proposes that the abuse of the comparative advantage position should bear the administrative responsibility of China Anti-Monopoly Law and clarify the identification criteria for this behavior.Secondly,from the perspective of the balance between the form of administrative responsibility and the interests of various offenders,it is advisable to refine the base of administrative fines,adjust the way in which administrative fines are set,and clarify the scope of administrative fine reductions andexemptions.Finally,from the perspective of the practical balance between the main body of administrative responsibility decision and China’s regulatory monopoly behavior,China Anti-Monopoly Law needs to strengthen the execution of the main body of administrative responsibility and the introduction of quasi-judicial power.