Competition In The Public Interest Litigation System Research

The system of Public Interest Litigation on Competition came into being in the late 19 century, the same time with the emerging of modern economic law, and its specific mark is to pass Sherman Antitrust Act in USA Congress in 1890. Many countries in the world have constituted and developed their own system of Public Interest Litigation on Competition. With the development of society and economic, a large number of emerging cases of unfair competition, because of the need for realistic, Public Interest Litigation on Competition as a new system of litigation is concerned about. It is not only related to the establishment of national, community to protect the public interest, and it will also help to further improve China's judicial system. However, Public Interest Litigation on Competition in our areas of legislation and judicial practice can be said to be a blind spot, this determines that the research about it is necessary but very difficult. In this paper, the Author use a comparative analysis of the method, benefits analysis, Empirical Analysis, such as research methods of Law, and try to make a Analysis on China's attempt to compete to build Public Interest Litigation on Competition system to carry out the necessity and feasibility analysis, And come to a result that China should build Public Interest Litigation on Competition system. Finally, based on the condition of our country, put forward the competition to build Public Interest Litigation on Competition system in China in a number of key issues.This article is divided into three parts of the preface, body and conclusion, and the body is divided into four parts:The first part is a summary of Public Interest Litigation on Competition. First of all, the beginning is the analysis on the characteristics and the concept about public interest and public interest litigation. Then with the start at the competition analysis on the concept of Public Interest Litigation on Competition, and it is the operators of public interest litigation in the process of market competition against others because of the unfair competition caused by the right to free and fair competition in the market order against the risk of abuse or the possibility, the citizens, social groups or national agencies authorized by Law to safeguard public interest litigation; at the same time, the characteristics of the Public Interest Litigation on Competition is introduced. Finally, the conclusion is that the Public Interest Litigation on Competition is a branch of Public Interest Litigation.The second part is the theoretical basis about the Public Interest Litigation on Competition and the necessary to construct it. First of all, there are the Jurisprudence and Constitutional theory as the basis for the establishment of Public Interest Litigation on Competition to lay the foundation; followed by an analysis of economic law may be actionable and to make up for deficiencies, derived from a competitive public necessity and legitimacy of the proceedings.The third part is the main analysis on the present situation of the two Legal System of Public Interest Litigation System. According to introducing the class action in United States, the group litigation in United Kingdom, and the group litigation system in Germany, the group litigation system in France. Proceedings from the evolution of Western history, contemporary trends in legislation is to reduce the eligibility requirements of the prosecution. So that more people can bring damage to the conduct of public complaints, citizens to promote their own interests and to safeguard the public interest. By comparing to the public interest litigation in our country a competitive system to provide some reference.The fourth part first of all disputes on the status of our competition was introduced. In our existing litigation system, the protection of competition is detrimental to public welfare. There are many problems in the Litigation system and it should be improved. Finally, the author make several recommendations for the construction of Public Interest Litigation on Competition. They are the expansion of eligibility from the plaintiff, the set of the Trial institutions, the allocation of the burden of proof, and the commitment to the cost of litigation...