On The Boundary Of The Monopolistic Behavior Of Criminal Sanctions

In order to assure Anti-monopoly law with our expected effect,we need not only well-devised mechanism and specific measures,but also comprehensive legal system.However,the missing part of criminal penalty tums an obvious flaw of our country's anti-monopoly law.If not correct,it will limit this law's intimidation value for sure,and impede its function to protect fair market.All these factors will make us cannot achieve legal object of this law.The hard core of this article is about the boundary of criminal sanction of monopoly,discussing its necessity and feasibility, making clear whether need criminal sanction for monopoly or not and how to exert and make out its boundary if need.This article consist of following several sections:Section 1,Neccesity and feasibility of criminal sanction of monopoly. This section discusses its necessity and feasibility,make the author's stand and research basis clear,grounding the following research.Section 2,Types of illegal monopoly.This section analyzes four kinds of monopoly:Monopoly agreement,dominating market status abusement, operators centralization and administrative monopoly.By illustrating its characters,types and representation,we judge which deeds deserve criminal penalty and how to exert it,and then make clear its boundary.Section 3,Types of criminal sanction and leniency policy.This section lists specific types of criminal sanction:fine,imprison,and leniency policy in cartel core.These measures and system functions well will guarantee anti-monopoly law's effect.Section 4,Factors which affect the boundary of criminal sanction of monopoly.This section analyzes the potential factors of delimiting criminal sanction,points out the aspects need to be considered in confirming its boundary.Section 5,The flaw of responsibility system of monopoly and how to improve it.This section analyzes the status of criminal sanction of monopoly,points out the missing part and bring out suggestions on improving it from two aspect:legislation mode and monopoly which deserves criminal sanction.Section 6,Conclusion.