The Private Enforcement System Of Antitrust Law And Using In China

As"Economic Constitution", antitrust law plays an important role in market economy. In the world, the public enforcement occupies the major position in the implementation of antitrust law. So when we formulated our own antitrust law, we discussed the public enforcement more, but put little attention on the private enforcement. Now, China has had special antitrust law which involves the private enforcement, but the provision is rather simple,lacking feasibility and many details can not be embodied. So it is urgent to make supplementary rules. Through introducing the relation between the public enforcement and the private enforcement of antitrust law, the limitation and the origination of the private enforcement of antitrust law, this essay analyzes the superiority of the private enforcement and the necessity of using it in our country. At the same time, this essay compares the private enforcement systems of antitrust law of different countries, analyzing the advantages and disadvantages of each kind of pattern. Taking these as a foundation, this essay presents proposals about using this system in our country.This essay is consisted of four parts over 30,000 words.Chapterâ… Summarizing of Private Enforcement System in antitrust law This part firstly explains the name of the private enforcement of antitrust law, including the reason of choosing this name, limiting the meaning of the private enforcement of antitrust law; then introduces its origination ,establishment and development in other countries for readers to generally understand its course.Chapterâ…¡Analysis of Superiority and Necessity of the Private Enforcement Though the private enforcement system especially American damages-paying system may cause indiscriminating lawsuits, its superiority can not be neglected theoretically. This part analyzes superiority of the system from the cost and effection of the law enforcement. Though our antitrust law has given persons appealing rights for damages-paying, it is still necessary to discuss its necessity. The goal is to cause others to value this system, then to make it perfect.Chapterâ…¢The Concrete Systems of the Private Enforcement of Antitrust Law Basing on the concrete systems in America , Japan and some other countries which have relatively advanced private enforcement of antitrust law, this essay analyzes the pattern,subject,object,relief way,limitation of action of antitrust law to present this system approximately and at the same time bedding for Partâ…£.Chapterâ…£Legislation Advices in China Basing on the Partâ…¢which introduces difference legal examples, this part puts forward some advices about how to make the private enforcement of antitrust law perfect in China including the determination of the subject in private action,selectiong between the direct action and indirect action,choosing the best damages-paying multiple,limitation of action and public intervention system to private enforcement.