On China's Anti-monopoly Law To The Discretion Of The Establishment Of Compensation Rules

The main viewpoint of this paper is, with regard to the legislation model of antimonopoly law concerning "damage and compensation", the "Discretional Compensation" is the best. The paper is composed of four parts:PartⅠfocused on the theoretical base of the "Discretional Compensation". "Discretional Compensation" reflects the uncertainty of antimonopoly law.PartⅡwas about the actual need of setting up the rule of "Discretional Compensation" in our antimonopoly law. First, " Real Compensation" represented by Japan, and "Triple Compensation" represented by U.S.A, both of them have disadvantages. For example, real compensation is not enough to encourage the victim to file lawsuit, while triple compensation may lead to abuse of the right of suit, though it can encourage the victim. Secondly, "Discretional Compensation" is in accord with our legal tradition and culture. Furthermore, it helps to realize the function of the whole system of "damage and compensation".PartⅢconcerned about the details of "Discretional Compensation". As to its application, the author held that factors for discretion should include the subjective one, the subjective condition of the violator and the objective one, such as effects of the infringement.PartⅣ, the last part of this paper, the author commented on the relative content of "Antimonopoly Law" and gave some advices.