On Civil Relief Of Antimonopoly

The writing motivation of this paper derived 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 is no civil relief.So monopoly actions are common. The civil relief system in which victims have no courage and ability to protect their interests exists in name only. So we must simplify the proceedings, and optimize the system construction. I discuss how to construct China’s private litigation system in detail, and discusses the principle of the civil relief ’system construction, in order to supply constructive advice to legislators.This is the largest characteristics in this paper.This paper infers to5questions in all. The main content of this paper is that:in China, antimonopoly civil relief is absolutely necessary, and it is feasible, but China’s system of antimonopoly private action needs improving. Chapter1defined the special meaning of civil relief in this paper, infers the relationship between civil relief and private enforcement, and gives an analysis of the value of civil relief system.Chapter2dissert on the theory basics of private litigation, mainly from the necessity analysis and legitimacy analysis of civil relief. I am sure civil relief can promote the executive of enforcement of antimonopoly law. Chapter3discusses the civil relief’s system characteristics of the United States, European, Britain and Germany. I wish to find some experiences to build the system of China’s civil relief. Chapter4analysis the character of the antimonopoly cases, and discuss the existing problems of civil relief in China.The most important part is Chapter5. in which I discussed how to construct China’s private litigation system in detail, and discusses the principle of the civil relief’ svstem construction. in order to enhance the civil relief and the enforcement of law.In real life, competition, which achieve favorable resource allocation, is a necessary term to promote the whole social efficiency, while monopoly action or state destroy this ideal market condition, leading to decrease of the social efficiency. When public interest becomes a legal base and reason for modern country to intervene in the body of market, the principle of public interest constitutes the logical starting point of economic law. In order to improve the efficiency of franchise market, it is necessary to accelerate signaling and to strengthen market regulation. The civil relief system can promote the development of the society, and exhibit efficiency directly. In addition, using a comparative study methodology, at the same time using historical analysis, empirical analysis, this paper compares across the major countries and regions’ antitrust law such as the United States, European, Britain and Germany and try to find the civil relief system of antimonopoly law, 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 civil relief forces in the implementation of the anti-monopoly law to play a role. The common characteristics is that more measures are adopted to encourage civil relief of the antimonopoly law.