The Research Of Standing Of Plaintiff In Private Action In Anti-monopoly Law

It is about three years since the promulgation of Anti-monopoly Law, and after that, there are many articles discussing how to bring it into action, however, it still lacks subject search of standing of plaintiff. If we want to further implement Anti-monopoly Law, promote rivalry culture in the whole communities, and provide a complete system guarantee for the healthy run of market economy, we must clinch the concrete problem of plaintiff's qualification of litigation system.This article picks the analytical frame of standing of plaintiff in private action in Anti-monopoly Law, discusses regulations of America,Europe and Japan, ultimately reaches a conclusion according to the status quo and problems of the execution of Anti-monopoly Law, that is to conform to the provisions and purpose of legislation, repeated fact of consumer victimization on the market and juridical logic of The Tort Law , we should affirm the qualification of indirect buyers, and promote them to take part in the judiciary procedure of Anti-monopoly Law. We should give qualification to the operators too, because as direct victims they would have more motivation to take part in the litigation and strive for healthy rivalry environment for themselves. Besides, owing to the social group will play a more and more important role in the social development, and can offset the scarcity of strength in litigation of indirect consumers; we can give limit qualification to part of them.In addition, we must dialectically treat the opening of plaintiff's qualification and know that will cause some tactical redundant actions and operators'privately reaching agreement, therefore, we should appropriately limit the qualification of the plaintiff, take some check and balance measures, such as asking the government to supervise, boost the burden of evidence of the plaintiff, etc.