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The Application Of Private Enforcement Of Antitrust Laws In China

Posted on:2012-02-13Degree:MasterType:Thesis
Country:ChinaCandidate:K M LiuFull Text:PDF
GTID:2166330338451432Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The Private Enforcement of Antitrust is an important way of anti-monopoly in economic law system of modern countries. Although antimonopoly law of the People's Republic of China was promulgated in 2008, which fills the blank of antimonopoly law system and make economic legislation forward, it still exists many shortage in system construction, especially in antitrust mechanism design, The article only highlights the administrative law enforcement of the anti-monopoly path, more importantly in public execution, it failed to clear the outline of the anti-monopoly personal execution system in China. China's anti-monopoly law for private enforcement just set an article, namely article 50:" Due to monopolistic conduct, business dealer who causes losses to others, shall bear civil liability". "Clauses are relatively too simple and feels lonely, it didn't regulate private execution mechanism and what kind of civil liability he should bear and the way of compensating;But private interests can't be protected well. Obviously, private enforcement didn't get enough attention by lawmakers, this article cann't carry out exactly. Starting from the source, this paper aimed at all sorts of trouble in private enforcement, mainly discusses the related antimonopoly law system construction, feasibility of personal execution, legal basis, the limitations of private enforcement, how to overcome, the determination of private executive main body, the executive organs and objects, implement approaches and methods, damage compensation standard, and the improvement of the legislation.In addition, successful legislation experience of foreign countries are also well worth absorpting and using for reference.such as above,the author puts forward his opinions, although it lacks comprehensive and deep-going, the author is looking forward for the joint efforts of the legal colleagues.
Keywords/Search Tags:Personal execution, Subject qualification, Two times compensation system, Class-action lawsuit system
PDF Full Text Request
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