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Anti-monopoly Public Interest Litigation System

Posted on:2012-11-11Degree:MasterType:Thesis
Country:ChinaCandidate:W W ZhengFull Text:PDF
GTID:2206330332992329Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Legislative continue to move forward, in practice the complicated case after another, from August 1,2008 "anti-monopoly law, " the implementation date, due to monopolistic practices and lawsuits brought by many applications, so that people feel deeply "anti-monopoly Law "in the intense time demands and expectations generated great practical significance, it makes people finally have the opportunity to take up arms to go with the old law has been fear of the powerful monopoly to struggle. Strong tilt in front of the vulnerable, the two sides in an equal position, is the balance of legal justice. "Antitrust" protected legal interest is public, and public protection, the traditional litigation model in the concept of private interest and the limitations of the reality of procedural requirements, the is no security implementation, "the anti-monopoly law, " introduced at the same time, Anti-monopoly on public interest litigation should be established, otherwise, the public interest protected by antitrust laws was shelved, become empty words. Anti-monopoly legislation from the existing institutional and theoretical point of view, we have not included anti-monopoly public interest litigation to the framework of the legal system, but from the perspective of theory and practice, our urgent need to establish anti-monopoly public interest litigation system. In order to fill the legal gaps, make the law more robust and complete, so the public can effectively participate in the proceedings to, maintaining and protecting a monopoly by unlawful acts or violation of the threats against the public interest, the author of the existing legislative institutions and practices Conditions, combined with the development of mature foreign theories and practical experience, research and analysis on this system at home and abroad to establish the theoretical basis and practice of the necessity of making anti-monopoly public interest litigation system in China with the possibility of the establishment, and on this basis Public Interest Litigation antitrust plaintiffs that the specific qualifications and build commitment to the two main aspects of the burden of proof analysis and ideas in the system building process, creatively put forward the plaintiff can choose administrative or action selection mechanism, which can protect the wider community The realization of public interests. Using a comparative analysis of the writing process approach, empirical analysis, also carried out value judgments and choices. Hoping that can do something for further improving the anti-monopoly modest.
Keywords/Search Tags:Public Interest Litigation Antitrust, Qualification of plaintiff, Burden of proof
PDF Full Text Request
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