The Research On The Private Enforcement Of Anti-monopoly Law

A perfect legal system not only reflected in the perfect rule of law,but also should show the effectiveness of the implementation of the system.The implementation of antimonopoly law institutions include two parts—public enforcement and private enforcement.Public enforcement is the monopolistic behavior of public institutions to take any action referred to. Private enforcement is taken by natural persons,legal persons and other private entities to launch the implementation of the anti-monopoly law.During implementing the antitrust law, judicial process may be abused.Although the private enforcement has rational theoretical foundation and is also favorable to social justice.There is not only the theoretical basis of reasonable,but also a positive feature by private enforcement.Comparating to the advantages of public enforcement,private enforcement has a high degree of enthusiasm to enforce anti-trust law.Thus,private incentives to implement anti-monopoly law should be encouraged. Encouraged incentives for private enforcement are the system of punitive damages,system of eliminating the infraction and group lawsuit.The disadvantages of private enforcement are that private sector may have "strategic" use of anti-monopoly law to destroy the competition. Therefore,the implementation should be bound by restrictions.some systems must to be made to ensure that public enforcement and private enforcement can work together.Some internal disadvantages of the public enforcement system of China's antitrust law, such as the public enforcer's insufficient resources and willingness to enforce antitrust law,the absence of public law's deterrence to the offenders.Otherwise,the unilateral channel to express interest-seek and the low efficiency of the public enforcement can not sans the transforming social demands.Private enforcement can play a important corrective effect to offset the systematic laws of public enforcement of China's antitrust law.Based on analysis of the private enforcement in the legal norms,the paper argues that private enforcement in Chinese antitrust law should be stipulated and perfected,and gives some advices about enforcement procedures and specific System design.This article is consisted of four parts.Main contents are as follows:ChapterⅠSummarizing of Private Enforcement System in antitrust law.This section introduces the implementation of the defmition of private anti-monopoly law,the two institutions regarding the implementation of anti-monopoly law,and the theoretical basis of private enforcement for the anti-monopoly law.ChapterⅡAdvantage and Disadvantage of Private Enforcement in antitrust law.This part compares the private enforcement to the public enforcement of anti-trust law.ChapterⅢ.This part analyzes the antitrust private litigation system in the U.S.A and Japan,including the standing,access to evidence,limitation of action,the coordination of public and private enforcement and so on.ChapterⅣPrivate Enforcement in Chinese antitrust law.This part also explained the necessity of the establishing the private litigation system in China.And it gives many advises on the basis of the laws of the U.S.A,the Japan and the EU and their practices.