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Implementation of the implementation of economic law economic

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					Implementation of the economic implementation of the Economic Research

 study of the main economic implementation of the
 Keywords: Economic obstacles to the implementation of sound

 Abstract of economic law is government intervention in social and economic law,
economic law is implemented to achieve the fundamental purpose of economic law,
economic law, an important measure to promote social and economic development, a
comprehensive, administrative, procedural, professional and so on. On the economic law
that the implementing agencies are not independent, division of unscientific,
inadequate procedures, implementing quality of personnel is not high and the lack of
effective supervision is the main obstacle to the implementation of economic law must
be changed as soon as possible.


 1, the implementation of the concept of economic law

 is the implementation of some of the main economic law in accordance with the
procedures to implement the Economic regulate social reality, the start of economic law
norms of social adjustment function, to achieve the expected goals of economic law.

 content of the concept include the following: First, the implementation of economic
law to rely on a certain subject. The law does not own, relying on some external
economic law to implement the main body to promote, the main body of independent or not,
high-quality or not, constitute reasonable or not, the division of science or not, the
implementation of the direct impact of economic law, only position independent, high
quality, constitute a reasonable division of the main body of science of economic law
can be effectively implemented; Second, the implementation of economic law must be in
accordance with the procedure is a very strong program of activities; third, the
implementation of economic law is to implement the law, that the implementation of
economic law is the object of economic law, only a scientific understanding of economic
law, to scientific understanding of the characteristics of the implementation of
economic law, meaning also to scientific understanding of the obstacles to the
implementation of economic law and the Solution. In turn, the scientific understanding
of the characteristics of the implementation of economic law, meaning, scientific
understanding of the economic law implementation obstacles and to resolve the measures,
but also to further scientific understanding of the economic law. From this perspective,
economic law is also the understanding of the implementation of the activities of
economic law. Fourth, the implementation of economic law is to regulate the
implementation of economic law to social reality, the static economic law norms into
the dynamic economic law norms, start a social adjustment function of economic law
norms, regulate people's behavior, adjustment of specific socio-economic relations to
achieve the intended goals of economic law, namely, to overcome the blindness of the
market economy, to promote coordinated and orderly development of market economy,
against the monopoly of the market economy, and promote the market economy and free
competition. Purpose of implementing economic law is a kind of conscious conscious
activity, is a kind of market economy and macro-control and market management.
 In order to deepen understanding of the implementation of economic law, economic law
is necessary to compare the implementation and related concepts.

 i Economic Law and Economic Law implementation effectiveness

 Economic effect is that the economic law as a coercive power inherent in the law,
which originated from the countries of the Economic Law development or approval. It
acts by binding Economic Law, requiring the subject in accordance with the rights and
obligations set of economic law, the guidelines of behavior engaged in economic
activities. Shows the effectiveness of economic law inherently requires the
implementation of economic law on the social reality, which called for the
implementation of economic law. Economic effectiveness is the necessary precondition
for the implementation of economic law, economic law effect of the loss, not to mention
economic law on the implementation. Economic effectiveness of the implementation of
economic law is the way to play, not the implementation of economic law, economic law
effect of a sham. Economic effectiveness requirements, the decision to implement
economic law, economic law and played, to protect the effectiveness of economic law.

 ii Economic Law and Economic Law implementation effectiveness

 Economic effectiveness, in reality it is the economic law compliance by people, so
that the effectiveness of economic law from the ideology into practice state effect;
Economic Law Economic Law from the static effect of the implementation is the dynamic
effect of changes to be effective Er Shi Economic Law. Therefore, the implementation of
economic law is effective access to means of economic law, economic law reflects the
effectiveness of the implementation status of economic law, which is an important
criterion for evaluation of the implementation of economic law.

 iii Economic Law and Economic Law implemented to achieve

 realization of economic law, economic law which is expected to achieve the purpose.
Economic adjustment only when the effect of social relationships were significantly
positive status, only to achieve economic law at all. Necessary means to achieve
economic law, economic law is to achieve the implementation of an important means of
achieving economic law.


 2, the significance of the implementation of economic law

 first implementation of economic law, the rule of law is conducive to economic. Over
the years, our economy is a planned economy, administrative and economic, social and
economic operation in accordance with administrative orders, the rule of man with a
serious nature, the economic rule of law to speak of, no authority of law, not the
implementation. To completely change this situation, the need for economic rule of law,
one of the fundamental requirement is to strengthen the implementation of economic law.
Economic government intervention is not only the socio-economic of law, but also
interfere with the Government of France, is government intervention in social and
economic must follow the rule of law, therefore, to strengthen the implementation of
economic law, is asking the Government to intervene in social and economic law,
establishing the legal authority of the government, asked the Government to abide by
the law. Law on the government's authority is the real rule of law, government law-
abiding is the core of the rule of law, and economic law can be effectively implemented
to curb the abuse of government economic intervention, arbitrary interference, illegal
intervention, thus facilitating the realization of economic law.


 second, the implementation of economic law is the fundamental purpose of economic law.
Lenin once said: "Order is important, not so is not written on paper, but rather to
execute." [1] Similarly, Pound said: "The law is the practice of life." So, whether it
is economic law, or Economic legislation, the implementation of the fundamental purpose
is economic law, through the implementation of economic law, legislators realize that
people, especially in economic law in the sustenance purposes. If there is no
implementation of Economic Law, then all Economic efforts are meaningless.

 third, economic law implementation, is an important social and economic development
initiatives. This is because: ⑴ the implementation of economic law, that the national
(government) the attitude of the law, "Preachers can talk that results", the law has
the authority, thereby affecting the attitude of people on the law, people trusted to
obey the law, which is conducive to maintaining Social Credit, the formation of
reasonable expectations to ensure a safe investment, stimulate business confidence in
the competition, reduce transaction costs, thus contributing to socio-economic
development. Really established to implement the law, is related to the state
(government) image of the event. Without the implementation of economic law, it means
that the state (government) as the law decoration, child's play, any violation, the
state (government) does not believe in the law, then people will not believe in the law,
the result of social credit crisis occurs, the community order instability, hostility
prevailing suspicion, friction frequent disputes, transaction costs surge, this will
seriously hinder the socio-economic development. ⑵ the implementation of economic law,
so that the reality of economic law and, indeed, become a code of conduct, so that
condensation in the historical experience of economic law, public intellectual, noble
reason to play a role in the socio-economic development, promote social and economic
development. Without the implementation of economic law, it is undoubtedly the
experience, knowledge, rational wasted, so it will seriously hinder the socio-economic
development. ⑶ the implementation of economic law, is conducting an antitrust fight
against unfair competition, which is in the implementation of free market competition
law is to uphold the spirit of free competition in the market, maintenance of free
competition in the market mechanism, the implementation of economic law to maintain the
free competition in the market economy, the normal operation of the engine of
development; Economic implemented in the implementation of this thesis from
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Macro-control laws so that social and economic development within the legal framework
of the structure of the target orbit, the allocation of social resources mobilized to
support and encourage the direction of the law, to avoid the volatile socio-economic
run fluctuations, economic law regulates the implementation of macro-economic order
that development of market economy the proper exercise of the steering wheel.

 fourth, the implementation of economic law is conducive to improved economic law.
Method is a code of conduct and, therefore, a practical rule, law can be tested only
through the implementation of legal norms is practical, effective ways, the information
feedback, legislators in a timely manner to facilitate establishment of legal norms,
change, repeal, thus further improving legal norms, legal norms to better adapt to
social realities, adjust the better. As the adjustment of social relations of economic
law is one of the most active and most complex economic relations, people's
understanding and its provisions can not be achieved, economic law and its provisions
to adjust the essential requirement of social relations inevitably incompatible. In
what ways are incompatible? Why can not meet? How to adapt? These problems can be
discovered only through the implementation of economic law, and feedback to the
legislators, the legislators come back based on feedback information in a timely manner
to the economic law to establish, change , waste, making it more complete, more
responsive to social reality. Therefore, the implementation of economic law is the
mother of Economic perfect.

 fifth, economic law is conducive to the implementation of the rights and obligations
of economic law or fact set of materialized. Rights and obligations is the law of the
core implementation of the law in the final analysis is the implementation of the
rights and obligations. The implementation of the economic law is, on the one hand and
the protection of economic law is given the right, on the one hand is to implement and
fulfill the obligations of economic law. Practice shows that the implementation must be
made through the Economic Rights and Duties of economic law or fact set of materialized,
due to the implementation of economic law is conducted through the procedures and
judgments, procedures and decision rights and obligations of economic law or fact set
of entities of the essential to the power system. "Substantive law on the rights and
obligations under the decision if you do not read the specific claim or on only an
illusion of rights and obligations" only in certain proceedings arising out of
uncertainties in the decision, the rights and obligations was able to achieve true on
the set of materialized or real. [2] real people can have and exercise rights of
economic law, economic law is effective to undertake the obligations is an important
standard to judge the implementation of economic law.


 3, the characteristics of the implementation of economic law

 first, obvious economic law to implement comprehensive. Economic adjustment of social
relations involved in every aspect of people's livelihood, it is necessary to multi-
coordinate implementation of economic law, a multi-pronged, comprehensive management.
Specifically, the implementation of economic law to rely on the law of economic law,
economic law and economic law enforcement three ways to do justice. Economic law, this
is the ultimate goal of the implementation of economic law, if people can effectively
comply with law, then there must be no enforcement of economic law, economic law of
justice, but to achieve the highest level of the distant future, because there are
people who do not to comply with law, to force people who do not comply with the law of
economic law, economic law enforcement, economic law of justice became necessary.
Economic Law enforcement is an important function of state administrative organs, on
the one hand is the management of state administrative organs in accordance with the
law when the economy is making the implementation of economic law, on the one hand is
the violation of economic law on the conduct of the stop and correct it and ensure the
implementation of economic law . Economic justice by the state judiciary to report acts
of violation of economic law, prosecution, trial, held legal responsibility for the
implementation of economic law. Economic law, Economic Law and Economic Justice law
enforcement is not isolated to each other, but complement each other and interact.
Economic law is economic law enforcement, justice, basic conditions of economic law,
only most people comply with law, economic law enforcement, economic law of justice
only realistic basis, if no one to comply with law, then enforcement of economic law,
economic law Justice will be great pressure, difficult, even impossible. The
enforcement of economic law, economic law is economic law of judicial law-abiding
assurance that if there is no enforcement of economic law, economic law of justice,
there is no economic law on the implementation of coercive power, eventually there will
be no economic law abiding. Economic Law and Economic Justice law enforcement division
of each other, checking each other, improve the enforcement of economic law, we can
reduce the pressure on Economic Justice, Economic Justice is the enforcement of the
constraints of economic law, economic law is not justice, it is difficult to ensure
good economic law enforcement. In short, the implementation of economic law is the law
of economic law, economic law and economic law enforcement sum of Justice has clearly
integrated.


 second law, economic law has a unique administrative implementation. Described before,
due to the state administrative organs is an important sector for national economic
management, economic law is the executive management of the national economy of the
state law, the state administrative organs of the Economic Law enforcement in the
implementation of economic law has a very important position on the economy
Implementation of the Law with the administrative features. However, the state
administrative organs of the Economic Law enforcement is not an ordinary administrative
intervention, but rather unique. This unique expression in economic law enforcement
agencies from the executive organ is of great independence, the only way and avoid the
transformation of economic law as the Chief law enforcement intervention, and only in
this way can also supervision of economic law enforcement. Implementing agencies such
as the anti-monopoly law in the United States there are two, one is the Ministry of
Justice Antitrust Division, one is the Federal Trade Commission, the former is similar
to prosecutors responsible for investigating violations of antitrust law cases, to
determine the appropriate action goals and to institute legal proceedings; which is
independent of the executive branch of government, it will work directly under
congressional oversight, it is entitled to independently violate the antitrust laws of
the cases. In Germany, responsible for the implementation of competition law against
restrictions on the Federal Cartel Office, although subordinate to the Federal Ministry
of Economic Affairs, is an executive body, but its setting and structure different from
the executive, with full independence, it is "like a court can independently and free
from outside influence on the cartel to decide cases. The ruling was made in the
resolution office, the resolution of the court office similar to the court, whether the
economy minister, or I shall publish instructions on specific cases. the Federal Cartel
Board decisions and the independence of the policy is basically not subject to this
dispute can not be the impact of interest groups. "[3]" Walter ? Eucken once said, the
independence of anti-monopoly agency at least and the highest independence of the Court
is equally important. " [4] In China, the antitrust enforcement agencies with
particular emphasis on independence, because in China, the administrative monopoly
deep-rooted that only independent of the executive's anti-monopoly body may have anti-
administrative monopoly.

 third implementation of economic law with a high degree of professionalism. Economic
Law is a highly professional, technical, knowledge of the legal department, the
implementation of economic law on the high degree of professionalism, and only with
professional skills, professional knowledge of personnel and institutions to engage in
the implementation of economic law. Implementing agencies such as the anti-monopoly law,
the Federal Trade Commission Act, the Federal Trade Commission Competition Department
and Economic Office, set up under the competition-by jurists, economists from the
Economic Department; Germany "against restrictions on competition" 24 second paragraph
of Article provides that the German Monopolies Commission is an expert accreditation
bodies, "it is composed of five members, they must have a specific political economy,
and business economics, political science, technical or economic law aspects knowledge
and experience "; Japan" against private monopolies and to ensure fair trading laws,
"Article 19, Japan's Fair Trade Commission by the chairman and members of the four
people," Chairman and members of the ... ... from the age of 35 years old and have
knowledge about the law or economic experience the people, to be appointed "; look at
many countries, antitrust enforcement agency law enforcement experts, it is obvious
features.

 fourth, the implementation of economic law has a strict procedure. Program is a legal
system to ensure proper implementation. As the economic law of national (government)
intervention in the socio-economic of the law, whether the implementation of macro-
control law or the implementation of anti-trust law, are state (government) power is
used, in order for national (government) authority to be exercised properly, should be
based on strict procedures. Such as the implementation of anti-monopoly law, criminal
procedure both in the United States, there are civil proceedings; in Germany,
established a fine program, there are civil proceedings, as well as administrative
procedures; in Japan, the implementation of the procedures on anti-monopoly law very
detailed provisions, from the "Prohibition of Monopoly Law" Article 45 until 706.
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 four obstacles to the implementation of economic law

 reform and opening up, China formulated and promulgated a number of economic law,
basically the end of our long-term social and economic life is no legal basis situation.
However, the implementation of economic law and Economic Council is not synchronized,
"the law and", "strictly enforced" phenomenon is still very prominent, economic law,
the results are not good. This is so mainly because of the existence of economic law to
implement the following obstacles:

 i Economic implementing agencies are not independent.

 strictly speaking, China has yet to establish a real economic law implementing
agencies, implementing agencies is far from independent of economic law or otherwise.
The current implementation of the current body of economic law, the main executive
organ, such as the implementation plan of the State Development Planning Commission Act,
anti-unfair competition law, the State Administration for Industry, which are under the
State under the direct leadership of the State Council the implementation of economic
law. For reasons known, they obviously can not do as the foreign economic law
enforcement agencies have considerable independence, in the process of economic law
enforcement can not get rid of executive interference, especially in the anti-monopoly,
especially when the executive. Implementing agencies as the Economic Court, its
independence is not strong, can not be truly independent manner Economic Justice. No
independent economic law implementing agencies, there can be a better implementation of
economic law.


 ii scientific division of labor between the implementing agencies of economic law.

 first in the existing court system, although with the economic court, but the economic
court is hearing family inheritance than marriage and family disputes outside the
courts of the economic, in essence, is mainly a civil court or civil court two,
strictly speaking, is not the real economic law court - hearing Economic issues such as
plans, monopoly tribunal. This scientific division of labor (precisely not to the
Economic Court division), indicating that the implementation of economic law under the
existing court system lacks the necessary organizational structure, no corresponding
organization may have real economic law how to implement it ? First the law against
unfair competition and antitrust law, industry and commerce administrative departments
by the State to implement, is not scientific, because: 1. national industry and
commerce administration departments directly under the executive bodies at various
levels by various levels of administrative organs direct leadership, independence is
not enough, under the current system in China is difficult to independently carry out
anti-trust laws. Although China has transformed the economic function of government,
reduced government intervention in social and economic life, but the facts show that
the planning system that the government formed under the dominion of the phenomenon has
not completely changed, and indeed difficult to change, the Government intervention and
intervention by the government caused by the administrative monopoly is inevitable.
Monopoly exists in our country at this stage is mainly administrative monopoly, which
more than any other form of administrative monopoly, the monopoly is more likely to
hamper fair and free market competition. Can be said that anti-monopoly first anti-
administrative monopoly. If the anti-private monopoly when the executive is also worthy
of this task, then, anti-administrative monopoly can not by administrative organs or
other body under the administrative authority. Anti-administrative monopoly must be
independent of the executive to rely on other non-executive, anti-administrative
monopoly is essentially the separation of powers and checks and balances economic rule
of law in a specific and important performance. Therefore, in our national industry and
commerce administration departments should not be that the executive authorities as
anti-monopoly law enforcement agencies and the need to establish a special anti-
monopoly law enforcement authority, so that on the one hand contribute to anti-
administrative monopoly, and the other in the same way to prevent the executive by the
name of the line of antitrust administrative intervention in reality. It is noteworthy
yes, despite the advanced capitalist countries in the West, anti-monopoly law
enforcement authorities and some belong to the executive organ, yet the basic economic
system of the capitalist private ownership, the government (the executive) Bingbu
direct management Guanliqiye, Jieruganyu business management, government (the executive)
and enterprises are relatively isolated, with no direct interest, in this case, the
Rang antitrust enforcement authority under (but actually is a high degree of
independence to) government (executive) able to effectively enforce anti-trust laws and
supervision to free competition. China is a developing socialist country, the basic
economic system of public ownership, public ownership is the representative of the
Government (the executive), government (executive authority) is bound to monitor on
behalf of public sector enterprises, which determines the government (the executive)
and Enterprise ( In particular, the state-owned enterprises) are inextricably forever
puzzling relationship in this case, for antitrust enforcement agencies within the
government (the executive) would be difficult to fairly implement anti-monopoly law,
oversight of free enterprise competition. Different national conditions, determine the
design of antitrust enforcement authorities, can not imitate foreign models, can not
believe that people's anti-monopoly law enforcement agencies can be designed in the
executive branch of our anti-trust law enforcement agencies also should be designed in
the executive. In fact the national industry and commerce administration departments
lack the conditions for the implementation of anti-trust laws. Because the monopoly is
a super-criminal, it tried to file for investigation, prosecution, no easy task, not
quite the condition is impossible, some monopoly on prosecution of the case file for
investigation, also prolonged the trial, the state administrative department for
industry and commerce can not concentrate on this, if the focus here, is bound
powerless in other businesses. Furthermore, the state monopoly of industry and commerce
administration departments handling of the case is not final and aggrieved party, if
you can to the court by the courts. Thus, sometimes inevitably repeat the division of
labor, leading to human, material and financial resources of the waste, less economic.
So I think that is not appropriate for the national industrial and commercial
administration departments for future antitrust enforcement authority should set up a
special anti-monopoly law enforcement authorities.

 iii lack of sound procedures for the implementation of economic law.

 Economic implementation is the implementation and use of state power should be
strictly in accordance with procedures, but our lack of sound procedures for the
implementation of economic law. The procedure is not perfect there is no real
implementation of economic law. Due to lack of proper procedures, the implementation of
economic law, the implementation and use of state power can not be carried out step by
step, the lack of control of state power, buffer, control, abuse of power by force is
universal in the implementation of economic law has not reached its aim to seek the
implement the use of state power along the purposes of economic law provisions; due to
lack of proper procedures, no economic law can be implemented through a rigorous
filtering exquisite Road, a Road continue to eliminate the error to grasp the truth of
the process, which would seriously impede the people implementation of economic law on
the correct understanding and implementation of the object by the objective economic
law master, which will affect the correct implementation of economic law; due to lack
of proper procedures, there will be a large number of economic law to implement the
non-standard phenomena, such as " minding, "" fait accompli ", reckless haste, and so
on, can not achieve its aim of economic law seeking to implement the economic
objectives of the rule of law. Lack of a complete program is a major obstacle to the
implementation of economic law.


 iv implementation of the Quality of Economic Law is not high.

 Economic Law is a professional, technical, strong legal knowledge, only high-quality
professionals to better carry out the implementation of economic law. But in comparison,
our implementation of the Quality of Economic Law is not high. Court is still a layman,
the industry is more easy access to an institution. Many people have no legal
professional diploma, and some even do not have basic legal knowledge, there are many
court presidents or vice presidents have not received any legal training. "The Court
the overall quality of the legal system does not meet the needs of development", [5]
has seriously affected the implementation of Economic Law.

 v ineffective supervision of economic law.

 is the implementation of economic law and implement the use of state power, the power
without restriction of any supervision, they will inevitably abuse of misuse, including
economic law enforcement is the state administrative organs of economic law from the
fact this paper www.5udoc.com [worry documentation] to collect and organize, for the
original author! Facilities, the use of the national executive power, and
implementation of executive power has a broad range of discretion, without the
constraints and supervision, it is easy to operate properly, at the same time, economic
law enforcement by administrative authorities to contain, if not restricted supervision,
it is difficult to Economic Law enforcement to ensure the independence, legitimacy, it
will turn to administrative interference. Economic justice is the application of state
judicial power, judicial power, is also a portrait of power, also hidden the negative
side, "judicial independence" requirements of this objective has contributed to the
negative side, if there is no balance and supervision, Economic Justice also not
necessarily fair. Hence the need to strengthen supervision over the implementation of
economic law. But the implementation of China's lax supervision of economic law, the
specific features: First, the lack of specialized oversight body; there was a lack of
effective oversight measures; first, lack appropriate monitoring procedures.
 5, the implementation of sound economic law

 i implementing agencies to ensure the independence of economic law.

 This is a key condition for the implementation of economic law is the fundamental
requirement of the rule of law, "the rule of law was born in the legal institutions to
obtain sufficient independent authority to exercise powers of government to regulate
the time constraint." [6 ] To do this:

 1. to ensure the implementation of the Agency's budget independent of economic law,
directly from the Treasury to allocate certain funds as implementing agencies of the
material guarantee of economic law, economic law on the implementation of institutional
independence in the physical, economic, Implementation of the Law also independent.

 2. To ensure the implementation of economic law institution is a full-time body,
specially the implementation of economic law, is strictly prohibited to meddle in other
affairs. Anti-monopoly authorities is the market fair and free competition, the
embodiment, in order to guarantee the effective implementation of anti-monopoly
authorities to anti-trust laws, to maintain fair and free competition in the market,
must be prescribed by law is a full-body anti-monopoly authority, given its independent
status, cut it with the community other people and things at stake. United States,
"Federal Trade Commission Act," the first article, "Federal Trade Commission member
shall not engage in other employment"; Germany "against restrictions on competition"
Article 24 "monopoly both members of the Committee shall not be employed in government
agencies, the federal legislature or the state legislature institutions, nor are the
federal, state or other public legal persons of public officers ... ... they are not as
an economic association or employer organization or employee organization's
representative, nor with the permanent establishment or business affairs in a country.
in being elected as monopoly members of the Committee the previous year, they held the
same position shall not. "Japan" Prohibition of Private Monopoly and ensure fair trade
laws, "Article 37:" Chairman, members, and to the provisions of the Fair Trade
Commission ordered the staff, in During his tenure, shall not engage in behavior
consistent with one of the following: First, Congress or the local public body acts as
the Board members, or actively engaged in political campaigns; 2, unless the leave of
the Prime Minister, engage in other remunerative duties; three business to business and
engage in other financial interests for the purpose of business. "

 3. to ensure the implementation of economic law under the executive authority of
independence, stressing that they and the general administrative authority difference
is not all the executive authorities. If not the foreign antitrust authority on the
executive. Indeed, the world's anti-monopoly authorities in some countries the
executive, such as Japan's Fair Trade Commission is an executive committee, which is
under the jurisdiction of the Prime Minister; the British General of Fair Trading is
also an administrative body, but generally speaking, must anti-monopoly authorities in
most countries is not all the executive at least not purely executive. If the United
States, although the Antitrust Division under the Ministry of Justice in the
administration, but it is not purely executive, is responsible for courts in general
civil or criminal proceedings, so it is a prosecution, is a quasi-judicial. The U.S.
Federal Trade Commission is an independent government body, it will work directly under
the Congress leadership and supervision. Germany's Federal Cartel Office the right to
independently make decisions on specific cases, it has a quasi-judicial nature of the
activities of the German Monopolies Commission is independent, only subject to "no
restriction on competition" of the constraints. Even Japan's Fair Trade Commission,
although it is an administrative committee, but the law of its chairman and members are
required to obtain the consent of both Houses be appointed, and the independent
exercise of the Fair Trade Commission. Although the British Fair Trade Office is an
executive body, but fair trade, the business activities of the Secretary General and
not subject to government instructions.


 ii establish a scientific division of labor system

 body of economic law, including the implementation of the executive and the judiciary
must be between them and their internal scientific division. On the division of labor
between them, it may be the division of labor as follows: the executive management of
the national economy through the implementation of economic law according to law; and
the judiciary is primarily through the violation of economic law on file for
investigation of cases brought to justice for the implementation of law, on their
internal division of labor to that the functions of internal organs of the executive
duties in the implementation of economic law, such as the State Development Planning
Commission is responsible for program implementation of the law, financial departments
and tax departments are responsible for the implementation of the Tax Law Finance Law,
the PBC is responsible for the implementation of Banking Law Financial Law and so on.
Division of labor within the judiciary, first under the "Organic Law of the People's
Procuratorate," the provisions of article XX, at all levels of People's Procuratorate
set up a "Economic Prosecutor's Office, Department, Division," responsible for the
violation of economic law to prosecute in cases of investigation; First amend "Organic
Law of People's" second 17 second paragraph of the regulations, be amended to economic
court "economic court" because the amendments to the Law (1983) it is not clear deep
understanding of economic law, subject to Economic impact of a large school of view,
the economic law mistake is to adjust the laws of all economic relations, the results
established the economic division, but addressed before such an economic division, the
trial is to except other than marriage and family inheritance economic disputes, in
essence, mainly civil court or civil court trial of two, rather than true cases of
economic law economic law court trials. Based on this, the court should set up Economic
Chamber, Economic responsible for the trial of cases, the implementation of economic
law.

 iii complete the implementation of economic law procedures

 national economic law (government) intervention in the socio-economic of the law,
economic law implementation is the implementation and use of state power. Where is the
implementation and use of state power, where there should be procedures, process
essentially requires the implementation and use of state power in accordance with
procedure step by step stages, according to a predetermined controlled manner, the
program can control the power buffering power, the program is an assembly-line filter
device is a system of monitoring mechanisms and procedures to enable the State
(government) decision management and non-human, non of the rule of man, is capricious
arbitrary restrictions in the rule of law achieved. No procedure, no real
implementation of the law, economic law only in accordance with the implementation of
procedures to effectively prevent the state (government) the abuse and misuse of power,
the realization of economic law.

 more abstract economic law is a legal department, it provides more "space", the
implementation of economic law has a relatively large room for discretion. To make
objective and accurate implementation of the lawful economic law, economic law must be
given to the perpetrators of discretion to be appropriate at the same time constraints
that mainly process, the program provides for the scope of discretion, methods,
procedures and conditions. Process is law of life, through strict procedures law to
have a better understanding so that they could better implement the law.

 target implementation of economic law is complicated, ever-changing social relations,
the proper implementation of economic law depends on a correct understanding of such
social relations, and to a correct understanding of such social relations, must rely on
procedures , created a public participation process, according to evidence of free
dialogue, equality, cross-examination, open debate on the conditions and atmosphere
conditions and atmosphere in this thesis from www.5udoc.com [worry documentation] to
collect and collate, thanks the original author! Wai, can eliminate the personal one-
sided, subjective and willful, reckless act at the same time be able to draw on
collective wisdom, tell right from wrong, finding the truth, the program is to ensure
the rational choice is to correctly understand the truth of the intermediate objective
things, and only correct understanding of the social relations of economic law are
adjusted to correctly implement economic law.

 complete implementation of the program of economic law, first, improving economic law
enforcement procedures. If the anti-monopoly law enforcement program is to refer to the
successful experience of the countries concerned, provides as follows: ⑴ ex Economic
Law enforcement agencies or people receiving the report of violation of antitrust
cases; ⑵ notify the interested parties requested its representations; ⑶ carry out the
necessary investigation on the case, including the command relationships were present
the case to trial or to seek their views, order identification has come forward to
identify, order the parties to file proposed books into the case related person's place
of business or other necessary places, check business and property situation and the
books of account documents and other objects (the investigation of cases the parties
should produce documents, the investigation must be credited to the investigation
records subject); ⑷ law enforcement investigations, the report produced by the
Council's decision, decided not to intervene, to advise the violator and take
appropriate measures; ⑸ invalid if the advice, go to trial, the fact that if there is
illegal, the case to trial in the public interest, may not be to advise and direct
access to the proceedings; ⑹ proceedings begin After the trial should be immediately
made the defense to law enforcement authorities, if it considers the measures taken by
law enforcement agencies are not at that time, you can state reasons, to prove its
misconduct, asking a fair trial; ⑺ for summary trial, the trial must be listed offense
the fact that the fact that where a violation of law and measures to exclude; ⑻ an
appeal against a decision of the trial, you can cancel the trial courts to the decision
of the litigation. %D%A%D%A %D%A
二是完善经济法司法程序,参照有关国家的成功经验,可作如下规定:⑴对垄断案件进行调查,可以要
求当事人、证人提供有关资料、证据;⑵确定诉讼是提起刑事诉讼还是民事诉讼;⑶刑事诉讼适用刑
事诉讼程序,民事诉讼适用民事诉讼程序。 %D%A                     %D%A   ㈣提高经济法实施人员的素质%D%A
%D%A
荀子说:“法不能独立,类不能自行,得其人则存,失其人则亡”[7]沈家本指出:“有其法犹贵有其人
”,“法之善者仍在有用法之人,苟非其人,徒法而已。”[8]他们都一致强调人对于法的重要性,人之
于法的实施的重要性。实践证明,施法人员素质的高低直接决定法的实施的好坏,只有高素质的施法
人员才会有好的法律实施。同样,要完善经济法实施必须提高经济法实施人员的素质。 %D%A                                        %D%A
㈤加强经济法实施的监督%D%A %D%A
第一,要确立必要的监督制度。一切问题只有从制度上着手才有可能从根本上解决,要加强经济法实
施的监督,也应从制度上着手,确立必要的监督制度,制度确立了,对经济法实施的监督才能按制度办
事,常抓不懈、习惯成自然,杜绝官僚主义,一阵风;第二,要设立必要的监督体系,包括工商、税务、
海关、审计、监察等部门的行政监督和公安、检察、法院等的司法监督以及行会、协会和会计、审
计、律师事务所、大众传媒等的社会监督;第三,要通过立法具体规定监督措施,使监督措施具有合法
性,权威性;第四,要完善监督程序,使监督工作有序合法地进行。 %D%A                             %D%A    %D%A
【注释】%D%A %D%A [1]《列宁全集》第36卷,人民出版社1972年版,第457页。 %D%A %D%A
[2]谷口安平:《程序的正义与诉讼》,中国政法大学出版社1996年版,第7页。 %D%A %D%A
[3]德国联邦卡特尔局局长D?沃尔夫:《德国竞争法的经验》,载《反垄断法与市场经济》,法律出版
社1998年版,第258页。 %D%A %D%A
[4]德国联邦卡特尔局局长D?沃尔夫:《德国竞争法的经验》,载《反垄断法与市场经济》,法律出版
社1998年版,第258页。 %D%A          %D%A
[5]任建新:《在九届人大一次会议上所作最高人民法院工作报告》(1998年3月10日)。 %D%A %D%A
[6]诺内特?塞尔兹:《转变中的法律与社会》,中国政法大学出版社1994年版,第59页。 %D%A %D%A
[7]《荀子?君道》。 %D%A          %D%A
[8]沈家本:《刑法学?刑志决考?唐》本篇论文来自www.5udoc.com[无忧文档]收集与整理,感谢原
作者! / Center>

				
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