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On The Analysis Of The State's Antitrust Civil Action System

Posted on:2011-06-11Degree:MasterType:Thesis
Country:ChinaCandidate:Y H YuanFull Text:PDF
GTID:2216330371963160Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The subject that sustains the infringement of monopoly illegal activities has the right to require the person breaking the law to bear civil liability by law.The violations of monopoly illegal power may be private interests as well as national and public interests.The private can gain the compensation by lodging antitrust civil action.At present,the main way to safeguard nationl and public interests is to bring public interest litigation by the administrative enforcement and the private of anti- monopoly office.However,the implementation of power may be influenced due to the internal and external factors when the anti-monopoly office enforces the law.The purpose of administrative enforcement of the anti-monopoly office is to prevent and punish the violator not to repair damage.It's not quite effective for the private to bring antitrust public interest litigation because of his weakness and the difficulties he faces.It's very necessary for the statutory organ on behalf of the state to bring antitrust civil action to safeguard interests of the nation and society that sustain losses.The procuratorial organ and the anti-monopoly body are the most appropriate subjects that can bring antitrust civil action.They have an advantage over the other objects in human resources,information control,obtaining evidence,etc.This advantage makes the state antitrust civil action become faster and more efficient,which makes it more conducive to safeguard national and social public interests.In the national antitrust civil action proceedings,the allocation of the responsibility for the given roofs,the exercise of investigative power and the burden of the cost of litigation should be further defined in the law,which is the basis of effective functioning of the national antitrust civil action.The procuratorial organ had the right to bring a civil action,as was explicitly defined in the law at the beginning of the foundation of the state,while at present the law closen't expressly grant any subject the right to bring national antitrust civil action based on safeguarding national and public interests.Even if the law grants the procuratorial organ and the anti-monopoly body such a right,they still face such issues as the scope of litigation,evidence,legal proceedings and expertise.Therefore,building a national antitrust litigation system has to start with the following—to know legal basis,define the scope of litigation,give the right of investigation and evidence collection,improve judicial proceedings and establish an expert witness system.
Keywords/Search Tags:antitrust law, public interest, public interest litigation, national civil
PDF Full Text Request
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