Research On System Of Punitive Damages In Anti-monopoly Law

As one kind of modes of compensation which is different from the civil compensation taking simple compensation as characteristic, punitive damages are paid attention to by the persons who make law gradually because of its special compensatory, severe punishment, great deterrent and strong legal incentive, and is introduced in the legislative practice of relevant antitrust compensation for damage. The system of punitive damages in anti-monopoly law not only effectively punishes and deters the illegal monopoly, but also greatly increases the enthusiasm of private antitrust lawsuit, and promotes the abundant and effective implementation of the antimonopoly law finally. Based on this, US carries out the punitive damage compensate system which is characterized by absolute three times based on the its unique national conditions, and China's Taiwan region carries out the punitive damage compensate system which is characterized by the discretionary three times in the legislative provisions, and these systems impels the antimonopoly law effective implementation in varying degrees. However, many civil law countries which take Japan as representative carry out the actual damage compensate system characterized by single compensation, on the basis of the consideration of the civil law tradition characterized by simple compensation. In spite of this, but in order to strengthen the implementation of anti-monopoly law, these countries carry out the appropriate alternative measures to overcome the shortcomings of lack of deterrence and of law enforcement of the actual damage compensation system, but generally speaking, the effect is still not satisfactory. On China's existing monopoly damage compensation system, its liability for damage is not punitive but compensatory. It can be predicted that the system of damages characterized by simple compensation finally leads to the results that the effectiveness of antitrust laws can not be effectively guaranteed, because it is difficult to offer the force punishment and deterrent with strength to the illegal monopoly doer and provide the intrinsic benefit actuation for private antitrust lawsuit. Therefore, we must conform to the international development trend of the system of damages in the anti-monopoly law, perfect the civil liability system of the anti-monopoly law in our country by a change of compensation for the punishment, in this way, we can effectively promote China's anti-monopoly law enforcement. Aparting from the introduction and conclusion, the article is divided into three parts.Partl mainly carries on the discussions and analysis in detail about the basic legal principles of system of punitive damages in anti-monopoly law. First, there are analysis in detail about the conception and features of the system of punitive damages in anti-monopoly law based on the definition of the concept of punitive damages. Secondly, there are detailed discussions on the theoretical foundation of the system of punitive damages in anti-monopoly law, including social benefit standard theory and substantive just theory. Finally, there are detailed discussions on the legal functions of the system of punitive damages in anti-monopoly law, such as compensating for victims, punishing the trespassers, deterring the trespasser, encouraging individuals to implement the antimonopoly law, and so on.Part2 mainly carries on the comparative analysis of current legislative models of punitive damages in the anti-monopoly law in the world. First, there are discussions and analysis in detail about the absolute triple damages mode in America. Secondly, there are discussions and analysis in detail about the three times discretionary damages mode in China's Taiwan region. Thirdly, there are detailed discussions on the actual compensation for damage mode in the relevant countries represented by Japan. In forecited discussion process, this part carries on legal appraisal to the correlation legislation pattern, make every effort to find out their advantages and disadvantages, as a means of the beneficial enlightenment for the construction of the China's punitive damages in anti-monopoly law.Part3 focuses on the specific and deep discussion on the construction of the China's punitive damages in the anti-monopoly law. First, there is detailed analysis of our current system of antitrust damages provision in the deficiency, from the aspects of the nature of damages, the subject of rights and obligations of the damages, compensation, and liability principles. Secondly, there are discussions in detail about the legislative proposals of the China's punitive damages in the anti-monopoly law, from the aspects of choice of compensation models, calculation of the amount of compensation, constitute elements of liability for damages, and the improvement of the provisions of the subject of rights and obligations. Thirdly, there are detailed discussions on the construction of the China's punitive damages in the anti-monopoly law, and mainly includes the aspects of support prosecution system and the group lawsuit system.