A Study On The Responsibility Of Rising New Behavioral Economic Law In China

To achieve any legal norms to pursue legal order and value system can not leave a sound legal system to protect, anti-monopoly and fair competition in order to maintain the basic premise market order to run. Anti-monopoly Law to establish the responsibility system in line with China’s national conditions, in line with the world trend, in line with the development trend of the economy, in line with the value of economic law is not only conducive to the pursuit of monopoly regulation goals, ensuring the authority of the antitrust laws, as well as enhancing the overall strength of the economy and the long-term healthy development provides an important safeguard.China’s "anti-monopoly" promulgated since 2008, the rapid pace of development, law enforcement try deepening anti-monopoly law in 2014 can be described as the rapid development of the year, for the milk industry antitrust investigation, Maotai and other industry and law enforcement to monopoly regulation hit a shot in the arm, which is in line with the world trend of practice, due to the late start of development of antitrust, regulatory responsibility in the use of monopoly Law course there are many deficiencies in the research process of this paper, and will be for the defects of the current legislative analysis, drawing on foreign experience, recommendations and opinions.In the first chapter of this paper, namely the concept of economic law from liability, the concept of monopolistic behavior explains the basic theory of monopolistic behavior of economic law responsibility monopoly Law draw meaning and specificity of responsibility through a comprehensive analysis, based on our current realities and relevant academic theory, draw our responsibility to regulate the use of monopoly Law of the necessity and urgency.The second chapter focuses on the specific provisions of the current "anti-monopoly" of monopolistic behavior in our country, divided suability, prosecution body burden and responsibilities of four ways, come to the substantive rights in terms of the existence of justiciability have and can not be effective, the lack of administrative monopoly suability, low insufficient judicial authority; the main aspects of the provisions in the prosecution indicted lack of reasonable standard, the provisions of general public interest litigation is not comprehensive, the prosecution as a legal right to appeal the lack of supervisory authority; the burden of proof aspects of antitrust litigation will simply be attributed to civil action within the scope of rules of evidence apply directly tort, subject to prosecution proceedings unduly burden; on the liability approach, there is a civil liability is too thin, the administrative responsibility of the lack of maneuverability, criminal legislation on vacancies and other defects.The third chapter describes the overall overview of the United States, Japan and Taiwan of China’s anti-monopoly law, although specific provisions antitrust three different countries and regions, the implementation of economic law responsibility has its own characteristics, together, from suability, prosecuting body, the burden of proof, responsibility methods have to be learned and to learn from our country.The final chapter is the focus of this article, on our flaws Antimonopoly Legislation proposed in the foregoing, respect other countries should learn from the fourth chapter in the article to be integrated finishing, some suggestions on legislation. Presented in terms of actionable antitrust proceedings to build integrity, judicial means to regulate the use of administrative monopoly, strengthen antitrust lawsuit transparency, fairness, openness to enhance the authority of opinion; in the prosecution of the main provisions of China has also carried out on the current bear the burden of proof at the same time the burden of proof is different position corresponding subject of litigation and prosecution of the ability to do a separate proposal to reduce the indirect consumer and other vulnerable groups, such as the prosecution against monopolistic behavior of economic law responsibility; supplement, to promote the expansion of the scope of the subject of proceedings form, do analysis from civil liability, administrative liability and criminal liability in three aspects; for specific types of monopolies exist-administrative monopoly, also made a legislative proposal in line with China’s national conditions.This paper summarizes the use of leak filled look at our current way of antitrust legislation from the macro, find deficiencies in the affirmative Antitrust considerable progress, combined with anti-developed countries and regions by the method of comparative analysis advanced experience monopoly on China’s monopoly law liability studied comparative law, and finally against justiciability, prosecuting body, the burden of proof and liability approach put forward legislative proposals in four areas.