Research On Private Action Of Antimonopoly Law

Private antimomopoly action means one party private subject because of monopolizing the dispute damage, investigate the lawsuit that lawbreaker’s civil liability brings according to the relevant regulations of the antimonopoly law. It is a kind of special tort to monopolize the illegal activities for that private, the subject damaged because of monopolizing the illegal activities has the right to demand to monopolize lawbreakers and bear the civil liability with required antimonopoly law. Compensating for the losses in order to realize to the victim of basic goal of the private lawsuit of antimonopoly law, the right to the victim is relieved; Meanwhile, the private lawsuit system of the antimonopoly law is a punishment measure to monopolizing the lawbreaker too, through detering it to prevent monopolizing the emergence of the illegal activities for it. Private lawsuit of antimonopoly law have, compensate function, prevent function and punish function. The course that the private lawsuit of antimonopoly law realizes, it is an individual that implements the course of the antimonopoly law too. The private implementation of the antimonopoly law can not merely remedy the public deficiency implemented, and can promote the effective implementation of the antimonopoly law.Our country of current antimonopoly law regulation in civil liability too coarse and crude, fail procedure to consider civil action connect, and the real difficulty which the private plaintiff faces while prosecuting. Improve of our country procedure rule of antimonopoly law should can define antitrust civil liability person who tell. Start with plaintiffs qualification, the lawsuit is administered, group’s lawsuit, evidence rule,etc. in many aspects, make the private lawsuit of anti-momopoly play an important role in promoting the antimonopoly law and implementing. the full text is divided into five seals, the concrete content is as follows:Chapter 1 is to make the the introduction of the private lawsuit concept of anti-momopoly. The private lawsuit of anti-momopoly, as a type concept of involving substantive law and procedure law, need clearly whom economics look at inside the country monopolize, look at monopolize similarities and differences of two inside the country with law science at first. The common characteristic lies in two kinds of behaviors can produce certain legal result; The difference lies in the monopoly that the former expresses is a kind of uncertain economic shape, show as the structure of a kind of market sometimes, is shown as a kind of market behavior sometimes. And what the latter put forth effort to display is a kind of right law sexual behavior, i.e. operator or other market subject engaged in, or form restriction that law forbid and hinder the behavior competed for among economic activity. At present, do not have unified understanding to concept and intension monopolized, legal span of control and means right to monopolize of various countries are not the same, this needs us to consider from political system, economic development, cultural tradition of a country,etc. in many aspects.So for construct one brand-new type thesis and speech of lawsuit, chapter this study, accomplish, attend to each and every aspect of a matter while being difficult, just around" monopolize" thread this carry on simple roughness of strokes of a Chinese character type sketch the contours of to relevant essential concept", determine the nature basic point as this text one circle that research object launch, and then develop for the deducing doing well of subsequent theory, the intention of the thesis does not lie in this either.Chapter 2 is to probed into the foreign private lawsuit system of anti-momopoly that was mainly. This chapter adopts the analytical method compared, after finding out about the private lawsuit development situation of domestic and international anti-momopoly, this chapter mainly introduces advantage and deficiency of private lawsuits of anti-momopoly of various countries from the private lawsuit system of international anti-momopoly. Since it is " law of Scherman " to issue the antimonopoly law in U.S.A. Since,a lot of follow modern countries and regions of market economic system realize by anti-momopoly importance of lawsuits private too, and formulate and improve and compete for the legal system according to its national conditions. The antimonopoly laws of various countries do not renounce the world splendidly, it rises and grows vigorously, there are a deep social historical background and a great deal of factors, so the private lawsuit systems of anti-momopoly of various countries differ from one another.Chapter 3 is to Prove and explain anti-momopoly private lawsuit as independent type getting proper and rationality that lawsuit exist. The civil action is that an individual implements the important behaviour of the law, can have given and already got used to the public people who have implemented mechanism and brought much inspiration, or implement doubt and introspection of the mechanism to the current law. For example public organization monopolize some law of implementations proper, private implementation with public organization of law compare, how are one’s own pros and cons and efficiency, the individual implements and has substitutability publically while implementing, system design of law with how in private to go on, assign with public organization power to implement law, how the two coordinate to cooperate etc. Want, seek answer of doubt the, must from study the science aspect implement to individual relevant problems of law take into consideration. This chapter quotes a considerable amount of data, the purpose lies in showing with the experience fact, acting the subject role who can move in private each link in the antimonopoly law is implemented, play a unique role, this one coherent to say the reality ignored of our country current theory often, and dispel this theory "blind area", can offer new visual angle and enlightenment for effective implementation of the law exactly.Chapter 4 is to discuss Anti-momopoly private plaintiff qualification of lawsuit confirm the issue. This question is involved there is prosecution right that laws stipulates in the market main body. It is prerequisite and foundation that the private victim brings the private lawsuit of anti-momopoly. Theory especially civil action development of theory with of our country lawsuit, our country current strict plaintiff qualification become the target who academia criticizes gradually. Appearance and increasing constantly in our country’s judicial practice of private lawsuit of anti-momopoly, reflect plaintiffs qualification existing problem again. Plaintiff qualification issue grasp gate to enter civil action, it is we that probe into antitrust lawsuit design program at first running into question, it is of our country traditional civil action that face challenge to be relatively heavy in the system too, need, change more system. So, this seal of special discussions carried on toward plaintiffs qualification question, purpose is on the basis of analyzing the general principle of civil action plaintiffs qualification, focal point base on anti-momopoly private development of lawsuit come, scrutinize of our country plaintiff qualification issue, come, probe into antitrust plaintiff qualification issue of lawsuit specifically with overseas relevant legal provisions. Through to plaintiff qualification and analysis of antitrust lawsuit, chapter this attempt, take advantage of, monopolize dispute lawsuit special visual angle of field this also, perspect the qualification existing problem of the plaintiff of our country and possible solution.Chapter 5 is to define Construction of the private contentious procedure of anti-momopoly. After the basic theory of the private lawsuit of anti-momopoly has been analyzed, the problem needing facing is to construct the private contentious procedure of anti-momopoly of our country under the frame of basic theory described above. The private lawsuit of anti-momopoly is a kind of special procedure of civil action, the construction of the antitrust lawsuit will be set up on the existing civil contentious procedure foundation. This chapter focuses on carrying on research to the special character of the civil contentious procedure while probing into the construction of the private lawsuit of anti-momopoly, but not the casual argumentation that a mask reaches. On the basis of its public beneficial lawsuit characteristic, in order to guarantee harmony of the procedure and realization of just value, need the procedure in conformity with it to ensure the system. Anti-momopoly private lawsuit introduction and full play of function of system, simple plaintiff right doses of enlargement of range can realize, it is only that the door which is opened the private lawsuit of anti-momopoly is offered the condition. The operation of the private lawsuit of anti-momopoly needs a series of procedure systems to support, in other words, need the procedure system allocated in conformity with it. This kind of procedure system reflects the inherent requirement of the private lawsuit of anti-momopoly, it is the concrete behavior of the civil public service lawsuit. The question that the private contentious procedure of anti-momopoly involves is very miscellaneous. This chapter chooses respects such as lawsuit mode, administration system, group’s contentious procedure, evidence rule,etc. to carry on exhaustive argumentation and discussion.