Study On The Anti-monopoly Law In Private Litigation System

Anti-monopoly law is an important law to protect market competition order, prevent and suppress acts of unlawful monopoly, maintain good functioning of market economy. "The life of law is implemented," the value of a law can truly reflect only in the implementation. The same is true that implementation of anti-monopoly law. The implementation of anti-monopoly law can be divided into public and private implementation. Right now, some more than 100 countries and regions have develop antitrust law.On the implementation mechanism side, there are already many established and developed as the main administrative authority for enforcement, supplemented by private implementation anti-monopoly law implement institutional. In the United States,Private Enforcement of Antitrust Law even accounted for 90% of antitrust enforcement cases. This is a narrow private litigation on antitrust private enforcement, which private plaintiffs to sue those who pursue civil antitrust violations. Justice is the judicial power of the national judicial authorities have to rely on the backing of state coercive power, named the state applying the law in the case of special events, it has great authority and coercive, it is the final barrier to protect the rights. The right to appeal is based on the victim and the premise of judicial proceedings.The main through private antitrust litigation, both on the formation of deterrence and sanctions for offenders, which will help crack down on illegal monopolistic behavior, and promote orderly competition, while effectively safeguarding the legitimate interests of victims of their own. In China, the emphasis on the implementation of the neglect of public and private enforcement force of impact is severe, and in 2008 enacted the "anti-monopoly law" in respect of private action only made a "declaration of that" is clearly not feasible.This article examines the United States, European Union, Japan, Taiwan of China and other countries and regions representative of private antitrust litigation based on, absorb, and foreign scholars, experts, existing research results, analysis of national strengths of the system and the lack of legal tradition in our country, law enforcement status and other specific conditions, a complete set of private antitrust litigation in China specific ideas to promote fair competition in the market and the main purpose of achieving orderly competition and safeguard consumer interests and public interests . In this paper, a comparative analysis of the use of research methods, this paper is made up of four parts:In explaining the purposes of anti-monopoly law, the first part, proposed the system of anti-monopoly law should be the implementation of public enforcement and private co-composition. Among them, the private litigation system in facilitating the implementation and realization of anti-trust anti-monopoly law is the important role of purpose, and then mainly discusses the concept of antitrust private cause of action, character and history.The second part described the theoretical basis of anti-monopoly law in private litigation system. In jurisprudence, including the value of freedom and equality law, the concept of right and power and other basic social; in political economy, the main from the main from the "theory of government failure" to demonstrate; in law and economics, the private antitrust Litigation can be a lower cost, higher efficiency of illegal monopoly of the main formation of a more effective deterrent effect of law enforcement is better than the public as early as the implementation of deterrence; in sociological terms, the legitimacy of antitrust private cause of action based on the source authority in society itself, from the autonomy of civil society.The third part is the investigation and assessment of the world's major countries and regions in private antitrust litigation, such as the United States, European Union, Japan, Canada, China Taiwan and other developed countries and regions as well as Ukraine, Zimbabwe and other developing countries represented, points antitrust litigation in the reality of the private point of view, the use of comparative analysis to study foreign history and current situation of private litigation system, the jurisdiction, damages, injunctive relief, plaintiff status, litigation and other issues were compared and summarized.The fourth part is the status and improvement of anti-monopoly law in private litigation system in China. By combining our national conditions, analysis of private antitrust litigation situation in China, indicating the establishment of a sound anti-monopoly the importance of the private litigation system, in referring to foreign antitrust private cause of action based on the advanced theory, put forward specific Improvement of Anti Some private litigation system monopoly ideas, such as jurisdiction, litigation, qualification of the plaintiff, damages and injunctive relief, administrative authorities to help measure and so that the most important in our country is clear how the law gives the plaintiff's main qualification to enable consumers to fully exercise their right of action, which will depend on China's "Civil Law" the relevant provisions of the sound. In addition, the group can draw on the U.S. litigation system and the German group litigation system to improve the amount of damages, the device provided authorities of help measures private subjects.