Study On The Liability For Damage In Anti-monopoly Law

The liability system as one kind of civil remedies in anti-monopoly law plays an important role in promoting the private enforcement and effective implementation of anti-monopoly law. Considering the provisions of the damages according to the anti-monopoly law are too principle and lack enough maneuverability, so this paper discusses the concrete construction and perfection of the system on the base of analyzing the liability for damage by using the comparative and empirical analysis.There are 4 parts in all, excluding the preface and the conclusion.Partâ… is the nature and function of the liability for damage in anti-monopoly law. The liability for damage is a special civil liability in nature: it is not only different from the property liability in the criminal liability and administrative liability, but also different from contract liability and tort liability. This part is mainly focused on the positive and negative aspects of the system.Partâ…¡is the basic principles of the liability for damage in anti-monopoly law which should be stood by in constructing and executing the legal responsibility system. The principles consist of the principle of statutory duty,etc.Partâ…¢is the confirmation of the principle of statutory duty in anti-monopoly law. The constitutive requirements of responsibility and the choice of damage compensation is the key in determinating the liability for damage in anti-monopoly law. This part introduces the legislation and the practice of the other parts of the world, and makes some conclusion on the basis of comparison.Partâ…£is about ascertaining the liability for damage in anti-monopoly law. This part discusses the procedure issue in ascertaining the liability for damage according to the anti-monopoly law,and particularly deals with the restriction of the plaintiff's scope in the liability system and the role of the anti-monopoly law enforcement agency.