Study On Civil Liability System Of Illegal Monopolistic Conducts

Civil liability is the consequences that the civil subjects should bear when they violate the civil obligation.It is primarily a form of civil remedy means, which is aimed at guaranting the plaintiff's right to obtain proper redress.When unlawful infringement brings into damages to the right holder, the holder may get their rights restored through investigating for actor's civil responsibility. Illegal monopolistic conducts disturb the order of socialist market economy and jeopardizing both public and enterprises'interests. Therefore, illegal monopolistic conducts are a kind of special tort behaviors to market subject. The individuals in market have the right to ask wrongdoers to take on civil liability in the anti-monopoly law,in order to get their rights relieved. At the same time, civil liability system in the anti-monopoly law lays a penalty upon the monopoly through prescribing different civil liability-assume forms,which can also prevent illegal monopolistic conducts to happen depend on the deterrence of the civil liability system.The main body of this paper is composed altogether from five parts, Part I mainly introduce the general conception of civil liability system of illegal monopolistic conducts. Civil liability system in anti-monopoly law is not totally identified with the one in civil law. The new liability system reveals the basic values of economic law. Part II tell about the liability-assume form of civil liability system of illegal monopolistic conducts. It mainly include two forms,that is, ceasing the infringing act and paying compensation or damages. Part III expound on the constitution of civil liability system in illegal monopolistic conducts. This part mainly involves the criterion of qualified plaintiff and the conformance to the conditions of legal responsibility in such kind of action.The fourth part focuses on the ways to start civil liability action against illegal monopolistic conducts,that is, reconciliation and civil action.The last part points out the existent problem about system in illegal monopolistic conducts in our country and puts forward some suggesitions to improve the situation. The regulations concerning with civil liability are too simple in China's anti-monopoly law. We need to study from the mature legislative experiences in modern countries and areas such as America,Japan and European Community. At the same time, according to China's national conditions,we should establish civil liability system in illegal monopolistic conducts with our own characteristic.