| Market economy as a law economy, and need a set of the rule of law as the foundation operation, ensure the normal and orderly operation. In the rules of the system, the anti-monopoly law occupy basic position undoubtedly, plays "the highest standard" role. As is known to all, anti-monopoly law is the basic aim of maintenance, enhance the welfare of the consumer, this also is it and other standard market economic operation of the rule of law is significantly different. The purpose of this study is to hope for antitrust forgiveness system through the problems existing in the research, to seek out in our country to improve the antitrust forgiveness of the specific system Settings, thus become the anti-monopoly legislation to realize the purpose and the judicial practice provide certain reference and enlightenment.Cartel illegal act as one of the most common and most serious harm to market the anti-competitive behavior, so the countries all over the world have always been the object of antimonopoly law severely restricted. Practice proves that the system in blow and deterrence cartel illegal behavior plays a very significant role. Due to the success of the American system of forgiveness, some market economical more mature and competition law more developed countries and regions, and began to follow the rules the country or the area of forgiveness system.For the above to choose a background and style context, it contains the introduction, the text and conclusion three most, of which the text by four parts.The first part is mainly to antitrust forgiveness system a general overview, namely select the anti-monopoly law system as of this study to forgive the cause of the object, and further discusses on for below lay the foundation.The second part is about our country at present the antitrust laws of forgiveness of the system, this paper based on the current situation in the anti-monopoly law forgiveness problems in the system and reason analysis research of our country, the anti-monopoly law the problems existing in the system of forgiveness must perfect is analyzed.The third part is mainly the United States, the European Union and Japan’s forgiveness system in antitrust the development course and practice experience to do a detailed discussion, because in our country for antitrust law compared these national anti-monopoly law development of the regulation of system of early forgiveness and use this system in China is much earlier, so the system in relation to our country will be more developed, the overall understanding of the system is very useful.The fourth part is in view of China’s forgiveness system in the process of implementing existing problems perfect some Suggestions. No matter what kind of research, finally must solve the actual problem China can have meaning, in the above analysis and conclusions, and on the basis of this article for the construction of the concrete system puts forward some humble opinion. In addition, China should enhance the cartel’s legal responsibility, a law if illegal cost much less than the cost of law-abiding, will not have the offenders deterrent effect, in the process of implementing also won’t get the good effect. The purpose of making an law on one hand is to make offenders should be retribution; On the other hand is through the offenders disciplinary gives people a deterrent effect of the violation of the provisions of the law can’t again, the illegal behavior the lowest level so as to maintain the stability of the market economy.Conclusion of the full text of this part is the content and relevant problems in summary and instructions. This article is mainly to the place of the reasonable and the deficiencies of self to summarize, and once again, because the writer of the limited knowledge level, the views and opinions pure for academic discussions and exchanges use. |
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