MBT Schuhe günstig On Antitrust Enforcement Power

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On Antitrust Enforcement Power

Paper Keywords: monopoly law; Enforcement Power; Anti-Monopoly Committee Abstract: Antitrust enforcement powers of the existing configuration mode confined to the present stage of the establishment of political and economic systems status, is Under existing conditions expediency. I believe that as China's economic development and political reform, this model will be changed from time to time, while the anti-monopoly law enforcement agencies will develop into an independent, authoritative and effective law enforcement agencies, then the antimonopoly committee will undertake this important responsibility, which is the general trend. 1 anti-monopoly enforcement of our current power configuration of the dialectical Throughout the national anti-monopoly law enforcement practices, an independent antitrust authority is the anti-monopoly law enforcement agencies Law of the basic conditions for effective implementation of the Premises. Anti-monopoly law itself does not create a fair and free competition,[link widoczny dla zalogowanych], but had the help of an effective antitrust law enforcement agencies. Without an efficient law enforcement agencies, if the antitrust authorities can not hear cases independently, can not independently elected its own staff, that is, with anti-monopoly law, the law is nothing but a dead letter. But China's current anti-monopoly law enforcement powers to set configuration mode to a large extent will not be able to ensure that anti-monopoly law enforcement agencies the authority, independence and efficiency of implementation,[link widoczny dla zalogowanych], thus directly affect the This is also the presence of anti-monopoly law enforcement an important and difficult to overcome the bottleneck. Example, independence, and its fatal weakness is the level is set relatively low, vulnerable to restriction of power or control. Three specific law enforcement agencies as SAIC, NDRC, Ministry of Commerce and the existence of subordinate institutions. Such a setting, the low level, in an extremely vulnerable to law enforcement led by the Department and other departments of the interference of parallel institutions, it is difficult to achieve independently filing, investigation,[link widoczny dla zalogowanych], treatment. More importantly, the adjust the regulation to be left over from the planned economy under the However, due to the three law enforcement agencies are under the department of government functions, and its weak-bit low power, controlled by others, lack of appropriate law enforcement powers and its independence, and other administrative departments or interest groups easier to control the specific anti-monopoly law enforcement agencies, law enforcement. From this, independence, as the antitrust enforcement agencies around the world notable feature is difficult to obtain in China the value should reflect and practice implementation. Another example, in terms of efficiency, a number of law enforcement agencies to seek their own departmental interests are inevitably seek to expand its law enforcement powers or jurisdiction, which would inevitably lead to an efficiency, disorder of the law enforcement consequences. Anti-Monopoly Committee to come forward even with the organization, coordination, guidance, but also because of its lack of substantive powers will eventually perform on hard crime in the specific tumor, thereby reducing the law enforcement efforts, greatly impaired the efficiency of law enforcement. Although the current anti-monopoly law enforcement model is indeed there are many obvious disadvantages, but these drawbacks are originated from China's special conditions. As the China Law Society Economic Law Research Society, Institute of Peking University Law Professor Sheng Jiemin when in an interview that the establishment of an independent and authoritative status of law enforcement agencies is the best, but the government administration in China institutional, is still impossible. To maintain the current three departments of law enforcement, from the administrative law enforcement system is concerned, is one of the best and most viable model. I believe that the power at least in terms of configuration mode plays an important positive role: first, multiple law enforcement to maintain the existing anti-monopoly law enforcement system stability and continuity of the various law enforcement agencies can play a long time law enforcement professional expertise in related fields, beneficial anti-monopoly law in real life use and rapid implementation. Secondly, the establishment of the State Anti-Monopoly Committee, while maintaining the decentralized enforcement of the existing structure, but also has certain forward-looking, for future institutional reform and adjustment functions leave room is a pragmatic and robust legislative strategy. This has to a certain extent, to maintain a balance between the interests of the department, the creation of anti-monopoly law enforcement environment has a positive meaning. Finally,[link widoczny dla zalogowanych], the establishment of this model helps to ease as the Because in China's existing political, economic, social,[link widoczny dla zalogowanych], and human resources system, the full anti-monopoly law enforcement from Western countries, the right to set up configuration mode implies re-established, and this is almost impossible. More articles related to topics：

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