China Monopoly Damages Related To Legal Issues

As part of the liability system of the antitrust law, the antitrust damages system plays an integral role in the effective implementation of the antitrust law. However, because the imperfection of China's relevant legal system has hampered the effective implemention of the antitrust damages system, remedies of which can only be attained by invoking the damages regulations of the civil law. In view of the fundamental differences in the nature of these two legal systems in terms of their legislativeobjectives, targetted clients and main legal constituent parts etc., the damages system of the antitrust law is unable to give full play to its intended effect where the civil law regulations are concerned, thereby resulting in the antitrust law being practically unableto perform its full functions. Because the civil law adjusts relationships between civil subjects with equalstatus, in case of damage will inevitably focus on equality of bothsides to compensate for damages as a principle. The antitrust law to safeguard the social and public interests in the event of damage to a lot of people will have negativeconsequences, affecting a wide range, greatly detrimental to society, so advanceprevention more important than remedial, civil law principles can not be achieved in the compensatory anti-monopoly law "preventive measures"objective. In addition, China'santitrust law damages for the civil damages in the compensatory damages the principle of compensation only for the loss suffered by the victims the same amount of property, but at the same time monopoly violations, compared with the general hidden unique characteristics proof the victim is very difficult to prove violations, compensatory damages can not compensate for all losses suffered by the parties and their litigation costs and other expenses, making anti-monopoly law damages can not play the system to deter and punish offenders, as well as stimulate the function of private litigation, there is significant shortcomings and inadequacies.This article mainly research the basic content of various aspects in the main countries and regions of anti-monopoly compensation system, including the right to damages constitutions of the specific scope of subject, specific cognizance verification of damages, determination of illegal behavior, whether require fault and damages off aultmodel,etc. And the anti-monopoly damages and general civil damages, by analyzing the difference between the two, summed up the unique characteristics of antitrust damages, it is recommended that China should introduce a system of punitive damages. Punitive damages have a system of incentives to victims who bring suit anddeter violations of the characteristics of the system just to make up for deficiencies in compensatory damages and deficiencies, it is worth the damage compensation system of the antitrust law of China using for reference. It is proposed that China should choose the double damage compensation mode combined with the reality of national conditions, trying to provide a reference opinions to China antitrust law of compensation system.