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随着市场经济的不断发展,行政性垄断对经济发展的制约越来越显著,但是我国设置的反垄断机构面对严重的行政性垄断却几乎无能为力。本文试着在分析中国反垄断机构现状的基础上,借鉴国外一些相应机构的先进经验,提出设置新型反垄断机构的构想。该机构在组织体制上可以设立最高的反垄断级别,体现统一性和专业性,并设立中央和地方两层级别。同时该机构还应当拥有调查检查权、行政处罚权、行政裁决权和行政执行能力,此外还应建立完善的反行政性垄断机构的监督体系。
With the continuous development of market economy, the restrictive effect of administrative monopoly on economic development has become more and more significant. However, the antitrust agencies set up by China are almost powerless in the face of serious administrative monopoly. This article attempts to analyze the status quo of China’s antitrust agencies, learn from the advanced experience of some foreign counterparts and put forward the idea of setting up new antitrust agencies. This institution can set up the highest antitrust level in the organizational system, manifest unity and professionalism, and establish a two-tier system at the central and local levels. At the same time, the agency should also have the right of investigation and prosecution, the right of administrative punishment, the power of administrative adjudication and the ability of administrative execution. In addition, a sound supervisory system of anti-administrative monopolies should also be established.