Study On The Legal Liability Of Anti-trust Law

The illegal monopoly is becoming more and more conspicuous in domestic economy .In terms of the inveteracy of monopoly of all walks of life, continuity of administrative monopoly and tendency of economic monopoly .One main reason that the illegal monopoly can't be prohibited effectively in practice is that the relevant provisions on legal liability from the perspective of Chinese legislation are with curious lacunae of astounding ignorance. Therefore a set of effective systems of legal liability , to great extent .determine the practical actualization of the law for anti-trust and assure the protection of the legal competition and prevention of monopoly by the government .Otherwise ,the law for anti-trust will be ineffectively in china .Up to now, there are more than 100 regions and nations in the world in which there exist the unified anti-trust laws . They have set up the relevant laws for respective legal liability that include civil, administrative and criminal liability .However ,there has not been an authoritative or unified high-level anti-trust law .At present .illegal monopoly of any kind will apply to against illegitimate competition without a satisfying effect of obvious pertinence. Moreover, the satisfying effect of legislative discipline can't be achieved because application of practical legal liability adopts the simple combination of civil liability and administrative liability.Therefore, it is of the extremely theoretical and practical magnitude to subjectively, fully and deeply analyze and study the present liability systems of anti-trust legislation all over the world .Consequently ,the author combines Chinese practical anti-trust and legislative status quo and take a special consideration into legal liability of anti-trust .In this paper, the author proposes own opinions on the application of liability without fault in Chinese civil liability ,the means of bearing liability by administrative department in Chinese administrative anti-trust .insisting on propounding a new clause of anti-trust crime in Chinese criminal law and perfecting procedure laws .As a result ,the author tries to propose forceful theoretical support and reasonable legal suggestions upon the future legal liability system of Chinese anti-trust.