On The Construction Of China's Private Anti-monopoly Damages Actions' System

For a long time, the majority countries and areas'anti-monopoly implementation is by the public. The goal lies in the maintenance the public interest; But in this century, countries start to realize the importance of the personal legitimate benefit, therefore the personal implementation arises at the moment, its main form is to construct and improve the private anti-monopoly damages actions'system. Thus using it to form the implementation of the public and private -- two edged sword to guarantee the effective implementation. Traditionally, China focus on the public power and neglect the private power. Article 50th has provided the substantive basis to the person, but its stipulation is too general to operate in reality. In fact, private may make up the public implementation effectively through the anti-monopoly damages actions'system. Two strengths play the role together, through the intercoordination, to help the anti-monopoly law's goal obtains the greatest degree display in practice.Private anti-monopoly damages actions'system for its own advantages such as direct compensation, the prevention and suppression of monopolistic behavior, saving resources and restricts enforcement agencies, to facilitate the implementation has become an inevitable choice that described as a trend. Base on our conditions and the real need, our construction of this system is also imperative. In the"native"process, on the choice of the process models , direct action model should be adopted to prevent the pre- administration to limit or deprive the legitimate right of action; on the eligibility of the claimant, should expand the scope of the claimant. Facing the individual lawsuits'economic problems, a class action mechanism can be introduced; on the mode of damages, punitive damages mechanisms should be introduced to intuitive the individuals; furthermore, inversion of the burden of proof in order to solve the disparity and the information asymmetry problems between the parties. Only in this way can play the function of the system, so as to facilitate the aim of anti-monopoly legislation.