我国反垄断的实施机制、模式及其改革构想

The Implementation Mechanism and Model of Anti-monopoly in China and Its Reform Recommendations

我国现阶段反垄断实施机制为"反垄断委员会+反垄断执法机构"的双层架构模式,这是在借鉴国外反垄断的实施经验与模式、综合考虑我国行政机构与决策的现状以及符合我国现实国情的基础上的明智选择。但是这种实施机制与模式仍然存在一定缺陷,如反垄断执法依据的完善与衔接、反垄断机构之间的协调与配合以及它们各自的能力建设。强化与改善反垄断的实施机制将有力地健全我国的社会主义市场经济体制。

The implementation mechanism of Chinese anti-monopoly system is featured with the double-layer model, i.e. ＂Anti-Monopoly Commission ＋ Anti-Monopoly Enforcement Framework＂, which is an advisable choice based on the consideration of anti-monopoly experiences and models of foreign countries, the current situation of administrative organs and decision-making procedure, and the specific national conditions of China. However, such implementation mechanism is still not immune from defects and problems, those of which major have been reflected on the aspects the optimization and balance of the legal basis for the anti-monopoly action, coordination and cooperation between the anti-monopoly organs and their respective capability building. It will definitely promote our socialism marketing economic system to enhance and improve our anti-monopoly implementation mechanism.