反垄断执法主体问题研究
发布时间：2018-08-12 19:09
【摘要】：颁布《反垄断法》是每一个市场经济国家维护自由竞争和统一市场经济秩序的必要手段。从2008年8月1日我国《反垄断法》施行到现在已经近10年,这部法律要得以贯彻适用,充分发挥其作用,执法主体的合理设置是其中的关键因素之一。目前,在我国拥有反垄断执法权的机构有商务部、发改委和工商总局。这三个机构根据我国的《反垄断法》、《价格法》和《反不正当竞争法》等相关法律法规划分其管辖范围。然而问题也随之而来,多头管辖造成了在某些案件上会出现管辖权的冲突,即便我国在不断完善《反垄断法》的具体操作细则,但是在实际操作中这种设置模式的弊端还是越来越明显。因此,我国应该设计更加符合经济运行规律和我国国情的反垄断执法主体的设置模式。此外,我国在应对行政性垄断的方面也存在不少问题,主要体现在我国的《反垄断法》对于行政性垄断的规定过于笼统,没有明确反行政性垄断的执法主体,致使我国反垄断执法主体偏重于经济性垄断的处理,而对行政性垄断的查处则依然保守。为此,我国反垄断执法主体应当把反行政性垄断也作为重点工作,只有这样才能让《反垄断法》在我国经济生活中得以真正的贯彻和落实,确保良好的竞争和市场秩序。此外,在反垄断执法主体与行业监管机构的协调问题上,我国也没有建立起一套成熟的协调机制,导致在执法过程中反垄断执法主体与行业监管机构间的信息不对称,造成管辖权和适用法律问题上的冲突。为完善我国的反垄断执法体系,我国应当建立起以反垄断公权力为主,行业监管为辅的反垄断执法主体的模式,相信科学的反垄断执法主体的设置会对我国的市场经济产生巨大的推动作用。
[Abstract]:The promulgation of the Antimonopoly Law is a necessary means for every market economy country to maintain free competition and unify the market economy order. It has been nearly 10 years since the "Anti-monopoly Law" was put into effect on August 1, 2008 in China. It is one of the key factors for this law to be fully applied and to give full play to its role. The rational setting of the subject of law enforcement is one of the key factors. At present, there are the Ministry of Commerce, the Development and Reform Commission and the General Administration of Industry and Commerce. These three institutions divide their jurisdiction according to the relevant laws and regulations such as the Anti-monopoly Law, the Price Law and the Anti-unfair Competition Law of China. However, the problem also follows that long jurisdiction causes conflicts of jurisdiction in some cases, even though our country is constantly perfecting the specific operating rules of the Anti-monopoly Law. But the malpractice of this kind of setting mode is more and more obvious in the actual operation. Therefore, our country should design the setting mode of antitrust law enforcement subject in accordance with the economic operation law and our country's national conditions. In addition, there are also many problems in dealing with administrative monopoly in our country, which are mainly reflected in the fact that the provisions of the Anti-monopoly Law on Administrative Monopoly are too general and do not specify the subject of law enforcement against administrative monopoly. As a result, the main body of anti-monopoly law enforcement in our country pays more attention to the treatment of economic monopoly, while the investigation and punishment of administrative monopoly is still conservative. Therefore, the main body of anti-monopoly law enforcement in our country should also take the anti-administrative monopoly as the key work. Only in this way can the Anti-monopoly Law be truly carried out and implemented in our country's economic life, and ensure good competition and market order. In addition, China has not established a set of mature coordination mechanism on the coordination between the subject of anti-monopoly law enforcement and the industry supervision agency, which leads to the asymmetry of information between the subject of anti-monopoly law enforcement and the industry supervision agency in the course of law enforcement. Conflict of jurisdiction and applicable law. In order to perfect the anti-monopoly law enforcement system of our country, we should set up the anti-monopoly law enforcement main body mode, which is based on anti-monopoly public power and supplemented by industry supervision. It is believed that the establishment of scientific anti-monopoly law enforcement subject will greatly promote the market economy of our country.
【学位授予单位】：天津工业大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.294
本文编号：2180042
[Abstract]:The promulgation of the Antimonopoly Law is a necessary means for every market economy country to maintain free competition and unify the market economy order. It has been nearly 10 years since the "Anti-monopoly Law" was put into effect on August 1, 2008 in China. It is one of the key factors for this law to be fully applied and to give full play to its role. The rational setting of the subject of law enforcement is one of the key factors. At present, there are the Ministry of Commerce, the Development and Reform Commission and the General Administration of Industry and Commerce. These three institutions divide their jurisdiction according to the relevant laws and regulations such as the Anti-monopoly Law, the Price Law and the Anti-unfair Competition Law of China. However, the problem also follows that long jurisdiction causes conflicts of jurisdiction in some cases, even though our country is constantly perfecting the specific operating rules of the Anti-monopoly Law. But the malpractice of this kind of setting mode is more and more obvious in the actual operation. Therefore, our country should design the setting mode of antitrust law enforcement subject in accordance with the economic operation law and our country's national conditions. In addition, there are also many problems in dealing with administrative monopoly in our country, which are mainly reflected in the fact that the provisions of the Anti-monopoly Law on Administrative Monopoly are too general and do not specify the subject of law enforcement against administrative monopoly. As a result, the main body of anti-monopoly law enforcement in our country pays more attention to the treatment of economic monopoly, while the investigation and punishment of administrative monopoly is still conservative. Therefore, the main body of anti-monopoly law enforcement in our country should also take the anti-administrative monopoly as the key work. Only in this way can the Anti-monopoly Law be truly carried out and implemented in our country's economic life, and ensure good competition and market order. In addition, China has not established a set of mature coordination mechanism on the coordination between the subject of anti-monopoly law enforcement and the industry supervision agency, which leads to the asymmetry of information between the subject of anti-monopoly law enforcement and the industry supervision agency in the course of law enforcement. Conflict of jurisdiction and applicable law. In order to perfect the anti-monopoly law enforcement system of our country, we should set up the anti-monopoly law enforcement main body mode, which is based on anti-monopoly public power and supplemented by industry supervision. It is believed that the establishment of scientific anti-monopoly law enforcement subject will greatly promote the market economy of our country.
【学位授予单位】：天津工业大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.294
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