Criminal Regulation Of Monopoly Behavior

Along with the perfection of socialist economy system, the enactment and implement of antitrust law has been put on the calendar of Chinese people' s congress legislation program between 2000 and 2005. The examination paper has been advanced and antitrust law will been promulgated soon. Criminal law is an important law department and penalties are the most powerful measures to regulate social relationship and resolve social conflicts. As a newly-enacted law, antitrust law needs the safeguarding of criminal law of course. Making a comprehensive view of Chinese legal system, we can find that there is no regulation of monopolies in criminal law. Before the enactment of antitrust law, the theoretical study is necessary.The paper consists of five chapters besides the prelude and conclusion.Chapter one is on the forms and harms of monopolies. In this chapter the concept, patterns, forms and harms of monopolies are defined and analyzed in turn.Chapter two is on the necessarity of criminal regulation of monopolies. It is composed of two parts. The first is the offense of criminal law, the second is the functions of criminal law to protect legal rights.Chapter three is on the criminal regulation of monopolies in other countries and its reference value to Chinese legislation. Criminal regulation of monopolies in America, Germany, Japan and Korea are analyzed and their reference value are concluded.Chapter four is on the deficiencies of criminal regulation ofmonopolies in China. Even if the examination paper can be passed and antitrust law be implemented, there are still four shortages. They are the lack of substantive liabilities and procedural regulations, the imperfection of penalties system, and the impropriety of criminal clauses.Chapter five is on the approaches of criminal regulation of monopolies in China. The paper pointed that the promotion of economy development is the aim, the protection of competition order is the focus, moderate intervention of criminal law is the principle and the international judicial criterion should be abided by. In the part of concrete schemes, the establishment of execution organ, the setup of execution procedure, the fixing of regulation object, the name of crimes, the composing of crimes, the definition of penalties and the domination scope of penalties are discussed.