The Monopoly Civil Liability System Research

Civil liability is for violation of civil main body should bear civil obligations the civilliability of the consequences, it basically is a kind of civil relief means, aims to make thevictim of infringing rights to relief. Monopoly disturbed the socialist market economic orderand harm the public interests, and also violated the rights and interests of the individualmarket, therefore, on the individual market speaking is a special kind of infringement, thevictim shall have the right to require the monopoly in anti-monopoly law for the actor civilresponsibility, and make their own rights and interests get relief. Antitrust law provisions ofcivil liability through a monopoly on punishment, through the deterrence to prevent theoccurrence of monopoly. But our country anti-monopoly law about monopoly of theprovisions of the civil liability only under article50, a provision to make the rules, regulations,too principle, the civil liability of the monopoly of some of the important content in theabsence of specific provisions, lack of maneuverability. For example: the civil liability of themonopoly, elements of constitution and its liability principles, such as the form of liability inthe items are not be confirmed. This to the implementation of the anti-monopoly law causedgreat difficulties, need further study and perfected. In addition, China and the civil law of tortand no provision of monopoly. The purpose of this paper is to try to study the problem, tomake up for the lack of legal provisions.This paper is divided into four parts, the first part of main is a monopoly of the basic theoryof civil liability system. The first quarter mainly introduces the definition and classification ofmonopoly, monopoly characteristic; The second quarter monopoly overview of civil liability.Mainly introduces the concept and characteristics of civil liability, the civil liability of themonopoly of the nature, monopoly civil liability function; The second part will speak Chinesemonopoly behavior civil liability of the constitution of crime, the civil liability of themonopoly of the constitution of crime there are four main: illegal behavior, damage results,causal relationships and fault, and then introduced foreign about monopoly constitutiverequirements relevant provision, finally introduced for monopoly civil liability constitutionschoice; The third part of the Chinese monopoly behavior the choice of the form of civilliability. This paper discusses mainly the civil liability of the necessity of setting the form, thecivil liability of the two kinds of liability form: one is ruled out violation;2it is damagecompensation. The fourth part mainly speak Chinese monopoly behavior of civil liability system realization, basically have two kinds of ways: antitrust civil lawsuits andreconciliation; In our country’s monopoly on how to construct the civil liability system, thepaper proposed some reference in the United States, Japan, European Union and otherdeveloped countries and regions on the monopoly of the mature civil liability systemlegislative experience, and at the same time with the national conditions of China’s specificcombination, puts forward the ideal private antitrust civil liability system of some specificSuggestions for lawmakers reference.