On Criminal Monopolistic Behavior And System Build

The Anti-monopoly Law of China only stipulates civil liability and administrative liability of monopoly behaviors. This paper, in combination of the economic development and the reality of legal construction of China, makes preliminary research and exploration of the necessity and feasibility of investigating the criminal liability of monopoly behaviors through comparative study with the associated criminal liability system in the anti-monopoly laws of the USA, Canada, Japan, Korea, the Taiwan area of China and other countries and regions in order to optimize the legal liability system of the Anti-monopoly Law of China, further promote the legal regulation of monopoly behaviors and make benign advancement of the socialist market economy.In this paper, monopoly behaviors have severe harm to the society. They impair the free competition mechanism, destroy the development of socialist market economy, infringe upon the competitors'operating freedom and consumers'consuming freedom and finally bear negative impact on civil politics and social stabilization. However, civil liability and administrative liability exert no restriction on certain severe monopoly behaviors so that it is unavoidable to investigate the criminal liability. Meanwhile, to prescribe the criminal liability in the Anti-monopoly Law is in line with China's tradition of economic legislation and represents the universal practice and development trend, which is conducive to protecting the national enterprises and safeguarding the economic benefits of China. Therefore, the Anti-monopoly Law should stipulate the criminal liability for severe monopoly behaviors.