Antitrust Study Of Judicial Remedy

Anti-monopoly law in China has been implemented for more than two years, the implementation of antitrust laws can not do without legal remedy, as a traditional remedy, its procedural judicial relief, finality, as many legal neutrality The most important remedy remedies. Although not the only means of judicial relief, but the judicial relief is recognized worldwide as the greatest of all remedies remedies effective and indispensable.This article talked about antitrust judicial relief, is the occurrence of daily economic life in the community, caused by illegal monopoly antitrust, regulation by the anti-monopoly law is a violation of antitrust laws caused by the judicial relief. The pursuit of judicial relief antitrust antitrust and purpose of the system set up in line, namely, to maintain orderly market competition, state regulation of competition through the protection of consumer interests, thereby protecting the public interest. In this paper, antitrust judicial relief system as the main object of study, aimed at achieving antitrust judicial relief approach-anti-trust litigation commenced of antitrust judicial relief system design. Thus maintaining the maximum extent the balance of interests, protection of judicial order and protect justice and harmony.This judicial relief from the general antitrust principles to start. Judicial relief for antitrust basic meaning, characteristics, value and the resulting theory are described and analyzed against the need for judicial relief system monopoly. Then, the analysis of the basic anti-monopoly system of judicial relief. Antitrust plaintiffs in the main qualifications of judicial relief, the burden of proof, damages, group litigation system analyzes the general theory, by major countries and regions of the world's anti-monopoly judicial relief comparative analysis of the basic system, comprehensive anti-monopoly Justice explained relief system. Finally, analysis of China anti-monopoly status and problems of judicial relief, and for the problems we have put forward their own sound advice.Antitrust laws for a market-oriented economy countries, play an important role, there is no anti-trust in the market economy, they also lose the protection of their basic survival. For its part, the anti-monopoly law on the establishment and improvement of China's market economy also has a special significance. After years of development and practice of testing and improvement of economic law system has taken shape in China, after several generations of anti-trust efforts, more than ten years of Legislation on 1 August 2008 by the NPC Standing Committee adopted after the formal implementation. Appear in the expectations of anti-monopoly law, but after two years of practice has many flaws and deficiencies found. The real anti-trust lawsuit brought not many, which is the design of anti-monopoly law and the judicial relief system design has a great relationship. In this paper, the author made this problem their views and opinions.