A Study On The Coordination Between Public Implementation And Private Implementation Of Anti - Monopoly Law In China

Known as the "economic constitution",the antitrust laws,its implementation could use both public and private resources,thus formed two implementary system of public and private enforcement. Same as most countries in the world,China is also importance to the public and implementation of the anti-monopoly law,and only made principle provision of private enforcement of antitrust law.Through the analysis of the status of implementation of anti-monopoly law, we know that the anti monopoly law enforcement ability that our country antitrust authorities issued has increased greatly over the past five years, while China’s antitrust private enforcement has certain development, but in the implementation of the anti-monopoly law is obviously insufficient.Although the public enforcement is in the leading position in the enforcement of antitrust law, but the implementation of the public cannot monopoly the law enforcement. Since the implementation of existence by public law enforcement resource constraints, lack of public law obligations deterrence and public enforcement failures inherent drawbacks, while private implementation of compensation and deterrence capabilities not only has the advantage of spontaneity, and also has to make up for inadequate implementation of public functions,therefore,the public implementation and private implementation must cooperate to achieve the purpose of deterrence, investigation, punishment and reparation.However, private enforcement of antitrust law also has certain limitation, may cause excessive deterrence, abuse and interference to the public enforcement, but through the regulations and procedures to eliminate the disadvantages limit the possible adverse effects of private practice.Public implementation of anti-monopoly law mainly through administrative enforcement to achieve, and private practice is accomplished by private litigation, in practice, the two procedures can occur while booting the situation, followed by one of the procedures should be discontinued if and the exercise of jurisdiction over the courts of monopolistic behavior confirm whether you want to be bound by the decision the executive authorities and other issues.By analyzing the world in dealing with these public and private implementation implementation running conflicts that arise during the implementation of the general approach to conflict resolution for our choice of methods for reference.In this paper, through analyzing the status of anti-monopoly law, the necessity of coordination and implementation of antitrust and other issues that may arise,and finally from the entire building up antitrust enforcement mechanisms for the implementation of public and private antitrust improve the implementation of the Harmonized System.Based on China’s basic national conditions and the development trend of the anti-monopoly law, anti-monopoly law enforcement in our country should establish the dominated by public implementation of binary enforcement mechanisms, private implementation for public assistance and supervision, at the same time, improve the system of the private implementation of the anti-monopoly law in China, and by the public for private support, and should pay attention to the moderation of the implementation of private restrictions, to avoid excessive implementation and abuse problem.Only the public enforcement and private enforcement cooperation and coordination can achieve optimal implementation effect of anti monopoly law.This paper consists of the following components:The first part is the introduction, mainly introduces the research background,research significance and research methods, and introduces the arrangement of structure;the second part is the anti-monopoly law of China’s anti monopoly law enforcement system defects and the necessity of coordination, mainly introduces the present situation of China’s anti monopoly law, defect induction of public enforcement and private enforcement, and analyzes the necessity of China’s anti monopoly law enforcement coordination;the third part mainly introduces our country anti-monopoly law of public enforcement and private enforcement in the conflict of different stages;the fourth part is the suggestions for the coordination system of public enforcement of antitrust law and private implementation of our country in view of the status of implementation of antitrust law and antitrust laws implementing public private implementation and conflict,this part is the core of the paper.