Comparative Study Of Anti-monopoly Civil Damages Compensation System

Antitrust civil compensation system is implemented to fill the damage to the victim, because anti-monopoly law behavior cause damage to the victim, and should by implementing violations of the offender who can be liable to compensation by the loss of a civil legal responsibility. On the one hand, as a kind of civil liability, which embodies the civil compensation victims, correction justice legal ideas; On the other hand, the antimonopoly law itself based on the economic characteristics, and its more should realize deter illegal, realizing the social function of the overall effectiveness of the law. Thus, antitrust liability for civil damages can not simply apply the general rules of civil liability for damages.In China, different regions for civil damages on the antitrust system is vary, the paper discusses the main differences including the constituent elements, scope and extent of compensation, indirect claim of three victims, elements of comparison in terms of construction, the paper is in favor of Japan’s no-fault liability, it is recommended for clarity in the legislation for damages caused by the scope of antitrust violations, the damage caused by the fact that damages should include indirect losses, and the identification of the causal relationship should be to take constructive attitude; Scope and the extent of the compensation, the paper proposed the introduction of interest and reasonable compensation for legal fees, selecting the rate three times the damages the discretion of both corrective justice and deterrence, both the legal function of law, and consistent with China’s economic development needs; Indirect victims in dealing with the issue of claims, the paper argues that the rights of victims should be sure that the qualification indirectly, so that anti-monopoly law to safeguard consumer interests is consistent with the legislative intent and purpose of corrective justice, law enforcement, and consistent with China’s anti-monopoly law the implementation of the status.China’s anti-monopoly law only in Article50that simply involved antitrust civil compensation system, so the regulation relatively obscure and lack of maneuverability, which doesn’t comply with the world antitrust civil compensation for damage regulation legislation trend, China should perfect antitrust civil compensation system, in order to promote effective implementation anti-monopoly law.