The Implementation Of The System Of Punitive Damages In The Field Of Antitrust Law Of China

《Antitrust Law of People's Republic of China》which was promulgated in 2008 laid the legal foundation of antitrust law of China. However, it is doubtful that whether the antitrust law is capable of achieving its purpose of legislation. The most important reason for suspicion is that the legal liability of the antitrust law, especially civil liability, can not achieve the effective implementation of the law. Through the brief introduction of punitive damages, the paper draws a conclusion that the effective implementation of the antitrust law should introduce the system of punitive damages. The paper is divided into five parts to analysis the necessity, feasibility, related supporting measures of applying the system of punitive damages.The first part of the paper briefly introduces the system of punitive damages, including the concept of the system, its historical development and its function. The second part of the paper elaborates the inevitability of applying the system of punitive damages. The remedy measures (legal liability)which are set up by antitrust law of China have failed to effectively implement the purpose of legislation to protect fair competition, improve the efficiency of economic, maintain the interest of the whole society. Consequently, it is necessary to improve and consummate the antitrust law of China. The system of punitive damages has value goal and unique function which exactly corresponds to the requirement of the legislative purpose of the antitrust law.The third part of the paper discusses the drawbacks and relevant measures of applying the system of punitive damages in China. The drawbacks include three aspects: obstacle, excessive deterrent, strategic litigation of the dual division of public law and private law; analyzing all kinds of drawbacks simultaneously with putting forward corresponding measures.The forth part of the paper dissertates on the construction of system of punitive damages in antitrust law in China. America is the most active country in the world which applies punitive damages in the area of antitrust law. Through the analysis of the American experience, the paper proposes four aspects to construct and consummate the system of punitive damages in the area of antitrust law of China: the first is the principles of culpability, the second is constitutive requirements, the third is amount of compensation, the forth is qualification of plaintiff.The fifth part of the paper analyses related supporting measures of applying punitive damages in the area of antitrust law of China. The cases of antitrust have comparative complexity, especially the difficulty for victims of antitrust behavior to litigate. In order to achieve the effective implementation of antitrust law, domestic law should consummate the system of representative action, evidentiary rules, cost for lawyer and litigation.