論反壟斷執法相對人的程序參與

Procedural Participation of the Parties in the Enforcement of Anti – monopoly Law

反壟斷執法相對人通過瞭解資訊、陳述意見、提出抗辯、參加協商等方式參與反壟斷執法程式對於維護相對人利益、促進執法規範化和提高反壟斷執法效果具有重要意義。我國《反壟斷法》和有關執法規章確立了反壟斷執法相對人程式參與的基本制度，但是，相關制度還存在規則粗疏、透明度不高、有效參與難以實現等問題。為了確保相對人有效參與反壟斷執法程式，我國應當轉變執法觀念，細化程式參與規則，提高執法程式透明度，完善執法協商，並引入對抗性強的程式制度。

The parties participate in the procedure of anti-monopoly law enforcement in different ways such as being informed, expressing opinions, raising a plea, making plea negotiation. Procedural participation is very important to protect the benefits of the parties, standardize the enforcement and improve the parties have been established by the Anti-monopoly Law of China and enforcement regulations. But there are some shortcomings of the procedural system including the flaws of the rules, low transparency and the difficulties of procedural participation. It is necessary to take some measures to guarantee effective procedural participation of the parties such as changing law enforcement idea, making detailed rules of procedural participation, improving the transparency of law enforcement, perfecting system of plea negotiation, and introduction of antagonistic procedure.