On The Criminal Liability Of Monopolistic Behavior

The legislation of the Anti-trust Law in our country is going to disclose, but our Criminal Law have no the criminal provision concerning the illegal monopoly. Before that, Author put forward criminal clauses about illegal monopolies theoretically. The paper consists of four parts besides the prelude, about 45000 words.The prelude to explain the purpose, the meaning and method of research in this article.The first part make a definition of monopoly, then define the scope of illegal monopolies that should impose criminal liability.Part two is on the criminal regulation of illegal monopolies in other countries and its reference value to Chinese legislation. Criminal regulation of illegal monopolies in America, Japan and Taiwan are analyzed and their reference value are concluded.Part three change study direction from abroad to domestic. Analyzed the present condition of illegal monopolies and legislation in China, and discussed the illegal monopoly have "itself violation of Criminal Law". Then necessity and possibility of punishment that should impose on illegal monopolies are analyzed.Part four is on the speculation of criminal regulation of illegal monopolies in China. The first, enact and bring the criminal regulation into amendment of the Criminal Law. The second, the criminal regulation of illegal monopolies should prescript appropriate punishment. The end, Concrete design of criminal regulation of illegal monopolies be display.