Research On Legal Liability Of Monopoly

A set of effective system of legal liability, to great extent, determine the practical actualization of the anti-monopoly law and assure the protection of the market competition and prevention of monopoly by the government. Otherwise, the anti-monopoly law will be ineffectively. The new Anti-monopoly Law of China adopts the simple combination of civil liability and administrative liability, lacks criminal liability. Therefore, it is of extremely practical significance to research on legal liability of monopoly in the legislation and judicial practice of China anti-monopoly field.Firstly, explores definition of monopoly and the legal liability of monopoly, and then categorizes it on the basis of definition. Secondly, analyzes the legal liability of monopoly theoretically, illustrates the necessity of adopting civil liability, and makes the comparison of the responsibility principle and the amount of the damage compensation system in the anti-monopoly law all over the word; discusses the administrative liability of monopoly from the perspective of economical monopoly and administrative monopoly; addresses the necessity and rationality for setting up crime liability system. The above argument provides the theoretical basis for improving legal liability of Anti-monopoly Law. Thirdly, the thesis makes a comparative study of it's legislation of those countries and international organizations (USA, EU and Japan) which have enacted well-developed anti-monopoly laws up to now in the world. The above analysis provides the practical basis for advancing legal liability of Anti-monopoly Law. At last, makes a summary and retrospection of the legislation of liability in China anti-monopoly field, then at the basis of the conclusion on the liability of monopoly, points out the defects existed in Anti-monopoly Law, and gives specific suggestion for the legislation concerning legal liability of Anti-monopoly Law of China: specifying the civil liability, making the full legal liability to administrative monopoly and bring abstract administrative act into judicial review, establishing the criminal liability.