On The Construction And Improvement Of Legislative Penalty Of Competition Law In China

The legislative penalty of competition law is the final barrier to ensure competition law to put in practice effectively. Without efficient legislative penalty system of competition law bearing the mission of deterring, preventing all kinds of anticompetitive practices and making the victims gain the reasonable relief, the regulation to forbid, constrain, restrict and adjust anticompetitive practices will be a mere scrap of paper. And the value of competition law is difficult to realize. At first, we will define the extent of legislative penalty of competition law. Then, as the expressional form of legislative penalty norm of competition law, the rationality of legislative model for competition law related the implementation effect of competition law toughly. Because of the historical tradition in China that give priority to administrative means, the author thinks it is the best choice for legislative model of the legislative penalty of competition law in China to adopt the compound legislative model combining the "practice-penalty separate" legislative model with the "practice-penalty unite" legislative model. The civil penalty is the most age-old type of legislative model of competition law. Extending the applying area of punitive compensation will make for the enforcement of competition law. About the administrative penalty, the author thinks it is necessary for administrative penalty of competition law in China to add the provision about breakup over the company and improve the criterion of the illegal gain. In general, it is the administration to judge the administrative penalty. In order to avoid the seeking-rent and opportunism, it is necessary to standard the criterion of administrativefine and make it more objective. The criminal sanction is the feeblest sector among the three types legislative penalty of competition law. At present, the competition law of China just prescribes some recapitulative articles. It is not enough out and away. The "itself violation" of anticompetitive practices is undoubtedly. We should define, reinforce and improve the criminal sanction of anticompetitive practices in China. It is an urgent task.