System Of Anti-monopoly Law To Forgive

To gain the competitive advantage, make more profit is the common goals of all the subjects in the economy market, to seek to maximize the common interests is the fundamental driving force. It is generally believed that hardcore cartel is one of the most anti-competitive practice, and each national law generally gives a severe legal regulation to it. In order to escape legal sanction, the agreement of the enterprises is from"obviously"to"secretiveness", the evident of illegal is hidden very deep, the traditional investigation and evident collection methods are often invalid. How to find the evidence of corporate agreement effectively has become the focus of antitrust enforcement policies. In order to solve this problem, the U.S. department of justice searched for a new policy, which could undermine the trust and stability within organization members, and encourage the members to give themselves up. Anti-monopoly law has been over one hundred years since its inception,"Sherman Act"released in 1890 was regarded as the world's first anti-monopoly law. However, Leniency policy, as one of the important part of anti-monopoly law did not appear until 1978, it becomes an effective tool in cartel regulation.The"Anti-monopoly Law"of the People's Republic of China was formally implemented in 2008, as one of the important part of anti-monopoly law, the article 46,item 2 states the policy. But this provision is too simple to function effectively. The author based on the anti-monopoly law of the PRC tries to analyze and discuss the legal basis and mechanism of the leniency policy through the collection of a large number of foreign literature,and proposes suggestion and countermeasure on the question and perfection of the leniency policy.This thesis is divided into three parts, it takes the effectiveness of implementing the leniency policy as the main line throughout the full paper, and expands in accordance with the path of"Conception analysis—Induction of the applicable conditions—Demonstration of the theoretical basis—System design"to construct and perfect of the leniency policy.Chapter one is mainly about the general analysis of the leniency policy, there are four respects induced in this part.Part one introduces the conception, origin and development overview;Part two explains the important significance of the leniency policy to the implementation of the anti-monopoly law through the implement effect of the leniency policy; Part three defines the scope of it, makes the conclusion that hardcore cartel is the application object, through the specific demonstration of the harmfulness of hardcore cartel; Part four sorts out the condictions of application of the leniency policy. Instead of laying out the implementation of the leniency policy in different countries one by one, the author breaks the country restriction and sorts out each condition one by one.This method makes the conclusion more clarity and referential.Chapter two makes detailed description of the mechanism of the leniency policy from jurisprudence and legal economics respectively, points out the value of the leniency policy is aligned with the anti-monopoly law, not only does not breach of justice, fairness of traditional values, but also offers effective protection of the interests of the society as a whole; Analyses the construct principles of the leniency policy from legal economics perspective, makes the conclusion that the validity of the mechanism of the leniency policy: one is the predictability of it; the other one is the strict punishment.Chapter three turns the attention to China. Firstly, this part analyzes the high degree of generality and weaknesses of China's leniency policy one by one,.Secondly, makes leniency policy perfect by improving the predictability, establishing the stringent sanctions and specific rules. Last but not least, in order to ensure the effective implementation of the leniency policy, it is also necessary to construct the enforcement agency.