Research On Some Legal Issues On Anti-monopoly Public Interest Litigation System In China

With the development of social economy in our country, the competition in the market order in china is facing many challenges in the current environment, the more prominent is the more serious of the various emerging illegal monopolistic behavior, which seriously violated the public interests and greatly undermined the market competition order, but also seriously disrupted the market order in China, to our social and economic losses caused immeasurable. China’s "anti-monopoly law," the provisions of Chapter VII of the liability section of the Act, where Article 50 states:"operator monopoly act, cause losses to others shall bear civil liability according to law", the law only to antitrust It provides a legal basis for substantive law required, and not have their own separate antitrust litigation procedural safeguards. Also the Supreme Court "on the trial because of monopolistic behavior caused by application of law in civil disputes Provisions on Several Issues" litigation and the judicial interpretation of the provisions of the rules are relatively simple, even worse is that it only provides only for private interest of antitrust lawsuit. Generally speaking Antitrust Law and its judicial interpretation of the provisions of the regulation of monopoly is imperfect, and the lack of maneuverability, especially for the suffering of monopolistic behavior against the public interest does not give effective relief, administrative enforcement mechanism in anti-monopoly law in single mechanism defect authorities are also increasingly prominent, even worse, is that legislative gaps in antitrust public interest litigation protection mechanism.2012 "Civil Law" Article 55 provides that "environmental pollution, harm to the public interest against the legitimate rights and interests of many consumers, institutions and organizations concerned the law may bring a lawsuit to the people’s court." The provision was Regarded as the provision of ice-breaking public interest litigation, which also indicates that across the country the long-awaited public interest litigation system construction has entered the corresponding track. Public interest litigation system in China were set up, although difficult, but still there is a big flaw in many ways, also contributed to our antitrust public interest litigation filed more difficult. Through access to information, seminars, conduct public interest litigation related to our antitrust investigation Institute collected information needs, and then collected to the existing legislation in our country, a typical case study interviews, documentation and other information on the use of legal interpretation method, empirical analysis The method of comparative analysis studies were analyzed to obtain antitrust public interest litigation and depth of the problems faced and comprehensive understanding of the theory and practice of trying to achieve combined.This article except introduction and conclusion of the text is divided into five parts, the first part is an overview of the anti-monopoly public interest litigation system, firstly the author expounded the anti-monopoly public interest litigation related theory, including the public interests and public interests, public interest litigation and the anti-monopoly public interest litigation system, and so on related theory, briefly tease the development of anti-monopoly public welfare system combing the historical evolution process of anti-monopoly public interest litigation system from the perspective of the emergence and. The second part the author produces the anti-monopoly public interest litigation system of theoretical basis and the necessity and feasibility are analyzed in detail. Theoretical basis aspects including the anti-monopoly public interest litigation system of two aspects of jurisprudence and economics. The third part, the author mainly adopted in the United States, several typical countries such as Germany and Japan’s anti-monopoly public interest litigation system such as litigation mode, the plaintiff qualifications such as the method of comparative analysis, the rules of the based on the analysis comparison get enlightenment on anti-monopoly public interest litigation system in our country and draw lessons from. Fourth part is about the anti-monopoly public interest litigation in our country’s present situation and problems, mainly discuss about the current law of our country rules, typical case analysis and the related aspects such as survey data analysis. The fifth part, considering to build and consummate the anti-monopoly public interest litigation system in China, some advices are put forward by the author. These Suggestions including the pattern of litigation, the plaintiff qualification range, litigation evidence system, litigation expenses, the jurisdiction over cases in anti-monopoly public interest litigation system, filing, etc.Anti-monopoly public interest litigation system guarantee the effective implementation of the anti-monopoly law of our country and the maintenance of social and public interests, the consumer rights protection and the guarantee of good market competition environment and so on. So it’s has a great impact and significance. The present theory and practice in China for the attention of the anti-monopoly public interest litigation and in-depth study is far insufficient, most people focus on antitrust enforcement. So the author thinks that both from the perspective of theory and reality need perspective, such as about the anti-monopoly public interest litigation and the research is very necessary and important. Anti-monopoly public interest litigation in China are faced with the problem, the author put forward some Suggestions combining the practical circumstances in our country with the lessons from foreign experience system, at the same time the author also hope that the establishment and perfection of the anti-monopoly public interest litigation system in China can provide some beneficial quest.