On Constructing China's Private Litigation Of Antimonopoly

The writing of this paper arouse from writer's interest of antimonopoly law, and disgust of monopoly actions. To my own aspect, there are defects in China's enforcement of antimonopoly law. The important is that there are no private enforcement.So monopoly actions are common.This paper infers to 4 questions in all in. The main content of this paper is that:in China, antimonopoly private action is absolutely necessary, and it is feasible, but China's system of antimonopoly private action needs improving. Chapter 1 brief infers private enforcement, defined the special meaning of private litigation in this paper. And infers basic rights,the necessity of private litigation. Chapter 2 dissert on the theory basics of private litigation. Mainly from the angle of jurisprudence,historical and economic. I'm sure private litigation can promote the executive of enforcement of antimonopoly law. Chapter 3 discusses the private litigation's system characteristics of the United States of America,the Union of European and Japan. I wish to found some experiences to build the system of China's private litigation. The most important part is chapter 4, in which I discussed how to construct China's private litigation system in detail.Using a comparative study methodology, at the same time using historical analysis, empirical analysis, this paper compares across the world's major countries and regions' antitrust law such as the United States, European Union and Japan and try to find the anti-monopoly law enforcement antitrust damages system), the general trend of legislation. Although the different national have difference conditions and traditions, the antimonopoly law specific systems design differences, but they all spontaneously began advocate and actively promote private litigation forces in the implementation of the anti-monopoly law to play a role. The common characteristics is that more measures are adopted to encourage private enforcement of the antimonopoly law.