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The Research Of The Problem In Anti-monopoly Appeal

Posted on:2011-07-22Degree:MasterType:Thesis
Country:ChinaCandidate:S M LuoFull Text:PDF
GTID:2166360305972918Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The public execution of our country anti-monopoly law only depends upon the anti-monopoly administrative enforcement is imperfect, it should include the anti-monopoly administrative enforcement and the anti-monopoly appeal.As the important content of anti-monopoly judicature,the anti-monopoly appeal system is the combination of the entity system and the procedure system, which is also the mechanism of the public execution of our country anti-monopoly law, constitute the link and the bridge of anti-monopoly administrative enforcement and the anti-monopoly judicature. Only combinat the administrative procedures for anti-monopoly and the anti-monopoly appeal system, can better realize the purpose of anti-monopoly law. This paper analyzes several problems existing in "anti-monopoly law" which appeared after the law executing, pointing out the shortcomings and putting forward appropriate recommendations.In particular, the article is divided into three parts:The first part is an overview of the anti-monopoly appeal system. First, defining The connotation of the anti-monopoly appeal system.This paper argues that the anti-monopoly appeal system that procuratorial agency as legal supervision institution, carries out the anti-monopoly law, exercising the legal supervisory authority, stating the criminal appeal the civil appeal, investigging monopolizes author's legal responsibility and the civil liability.Next,analysising the question about the anti-monopoly appeal system necessity and the necessity and feasibility.The legal responsibility and civil liability of our country anti-monopoly law is too simple and narrow. Trial of monopoly cases involves both the anti-monopoly administrative enforcement and the anti-monopoly judicature, which needs to strengthen the coordinatation of law enforcement andjudicature.At the present, improving anti-monopoly appeal system is feasible.The prosecution's role in the current legal system provides legal basis for improving anti-monopoly appeal system.As a specialized legal supervision organs, the procuratorial agency masters the powerful legal resources and rich experience in prosecution,providing the realistic basis.The second part is the research on the problem of anti-monopoly appeal about our country. First, selectting some representative countries and regions, giving a brief review of its criminal responsibility on anti-monopoly law and Inspiration to our country.Secondly, according to our country national condition,combing penology and criminology correlation theories, analysing the scope of criminal liability of monopolistic behavior and the necessity of setting criminal responsibility.Thirdly, making a general analysis on the elements of the charge, legislative style, sentence types, sentence penalties, and so on.In addition,in regard to the problem of the coordination of anti-monopoly appeal and anti-monopoly administrative enforcement, I will proposes my view from the aspects of start mechanism,communication and coordination mechanisms,evidence transformation.The Part III is the research on the problem of anti-monopoly civil public appeal about our country.First, making a general analysis on anti-monopoly civil public appeal. As a natural representative of national interests and public interests, procuratorial agency is the protector of law, having the anti-monopoly civil right of to bring anti-monopoly civil public appeal.In the initial implementation of anti-monopoly law,the public is not familiar with how to carries out the anti-monopoly law. Procuratorial agency proceeds anti-monopoly civil public appeal for pursuing civil liability of monopoly behavior which harm to the social public interests, may also have the demonstration effect to the personal lawsuit. And then, in regard to the problem of the coordination of anti-monopoly civil public appeal and anti-monopoly administrative enforcement, this paper argues that the relationship between the procuratorial agency and the anti-monopoly law enforcement agencies can be summarized for division of labor, coordination and supervision. This paper also discusses the issue from the aspects of start mechanism, fact-finding, the obligations of anti-monopoly law enforcement agencies to assist the obligation in the course of the proceedings and so on.
Keywords/Search Tags:anti-monopoly appeal, anti-monopoly administrative enforcement, procuratorial agency, criminal responsibility, coordination
PDF Full Text Request
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