Investigation On Legal Liability Of Antimonopoly Law Of Trade Associations

The trade associations are non-profit and medi-organizations which are composed by undertakings of the same industry, they play more and more important role in the modern society. At the same time, because of the conflicts between industry interests which is represented by trade associations and public interests of competition order which is protected by antimonopoly law, the trade associations are regulated by antimonopoly law of every country to check the behaviors eliminating and restricting competition performed by them. In order to realized this legislative goal, the antimonopoly law must establish integrated the system of legal liability. As the same as other countries and areas, our antimonopoly law forbids the trade associations to engage in restricting competition definitely. But, because the relevant rules are fundamental, and the existing learning fruits about the researches of system of liability do not meet with the legal needs, even lag behind comparatively. Whereas, the thesis chooses this issue.The thesis can be divided into four parts:The first part is concerning with basic introduction and relations with antimonopoly law about trade associations. First is the concept of definition and analysis of characteristics of trade associations. Afterwards, the main analysis is reasons of regulating by antimonopoly law, and summarize the mode of legislation of other countries, finally, bring forward the particularities of trade associations as main body of antimonopoly law. The main analysis of second part is important documents of liability of antimonopoly law of trade associations. This part takes the traditional important documents of liability as outset, and analyses the important documents of liability of trade associations about antimonopoly law. In this part, the thesis analyses illegal behaviors mainly, and discusses the manners and behaviors of trade associations which infringe the antimonopoly law.The main analysis of third part is forms and undertaking of liability of antimonopoly law. This thesis considers that the liability of antimonopoly law of trade associations should contain administrative liability, civil liability, penal liability and not limit to the one of them. Further, this thesis analyzes the subject of liability of each legal liability.The center of forth part is that improve the system of legal liability of trade associations of our antimonopoly law. Through analysis of rules of antimonopoly law and according to the former analysis, the thesis points out the weaknesses of our china's antimonopoly law and present the suggestions of improving. Furthermore, the thesis discusses the trade associations of our china's present system come down to administrative monopoly probably, and presents the concrete advice of improving legal liability.The end is conclusion of this thesis to summarize the main viewpoint.