| The enforcement of antitrust law can be divided as public enforcement and private enforcement.Almost in any country equipped with antitrust law, pubic enforcement plays a serious role in the enforcement of antitrust law. In the contrast, private enforcement being its different fate, has a superior status in some countries, but more inferior status in other countries. The 50th article of antitrust law in our country stipulates the private enforcement of antitrust law in the forming, being without the suited application regulation. This regulation on private enforcement was regarded as decorative vase, which, during the two years of implementation of antitrust, have ever brought infinite expectation to people and finally despair filling up. The zero win-rate of 11 cases was the answer for juridical practice to the 50th article of antitrust law.In order to respond to the demand of practice, this paper place its sharply attract on the icy block and plight which appeared in the juridical practice of private enforcement from the respective of positivism, and then construct the concrete system of private enforcement. According to this logical thinking, the analysis routines are:the first, looking back the typical case about private enforcement, then make out a common explanation; the second, put the regulation of abroad private enforcement into comparative analysis, and absorb the regulations that are great and suited for our country; the third, make a detail analysis on the case concerned above and find out the problems about private enforcement; the last, it is the place where the application regulations of private enforcement will be constructed. And this paper's clue appears as"case of putting forward to regulation of analysing to case of analysing to regulation of constructing to case of applying". Anyway, this paper put its emphasis on the difficult problems in the juridical practice and construct a basic way to the application of private enforcement of antitrust law. |
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