On The Private Enforcement System Of Anti-trust Law

The era of rapid development in the modern market economy, the countries of the world haveintroduced anti-monopoly law, and adopted by the effective regulation of the market competitionorder and the behavior of market players. Practice has proved that the effective implementation ofthe anti-monopoly law has a very important role in the economic development of a country. To playthis, you need not only a perfect implementation of the antitrust laws and antitrust system, also needto establish a set of feasible enforcement mechanisms to protect. Effective enforcement mechanismto ensure the legal comprehensive compliance within a reasonable cost, in order to make antitrustlaw norms smooth implementation so as to promote the healthy development of the marketeconomy. Antitrust laws in Economic attribute are defined as a combination of public and privatelaw, in the interests of the community-based laws, the object of the regulation is a monopoly andrestriction of competition. AML is a competition between the main players in the market to adjust,and the regulation of monopolistic behavior, the protection of the interests of the community andthe interests of consumers, in essence, public rights of private rights of a active intervention, suchintervention in order to protect by monopolistic behavior against the interests of the people, tomaintain a good market competition order to achieve the effect of safeguarding the interests ofsociety as a whole. The introduction of China’s "anti-monopoly law," is an important symbol of thematurity of China’s competitive legal norms for China to crack down on various illegalmonopolistic behavior, maintenance of orderly competition and provide more effective legalprotection of the socialist market economy. Through on visits to national legislation and practiceof the major anti-monopoly law, the implementation mechanism of the anti-monopoly law iscomposed by two parts of the public enforcement mechanisms and private enforcementmechanisms, and the ugly in recent years, judicial practice, we do not out, are playing anincreasingly important role in the antitrust private enforcement mechanisms, has become an integralpart of the anti-monopoly enforcement mechanisms. For example, the anti-monopoly law Article50clearly stipulates that "operators monopolistic behavior, causing losses to others, shall bear civilliability". Private the main damage monopoly behavior have recourse against the mainqualifications are clear provisions initially established antitrust private enforcement system, thesignificant progress of China’s anti-monopoly laws. But only a single legal provisions, making thesystem of private enforcement is weak and the lack of feasibility, of course, on this basis, the Supreme Court also introduced the "Application of Laws in hearing civil disputes caused due tomonopolistic behavior in order As the latest judicial interpretation of the antitrust laws, the biggesthighlight of citizens such as plaintiff can directly specify the grassroots people’s courts to aroundthe middle or the High Court to initiate civil action, without the need for a finding of antitrust lawenforcement agencies the force of law as a prerequisite. But the judicial interpretation of proofaccountability achieved as well as the case of the Evidence jurisdiction, there are manycontroversial issues, which makes its specific implementation will continue to face many problems.With China’s anti-monopoly law in-depth implementation of theoretical research, privateenforcement mechanisms are constantly developing toward a mature direction, these are decidedinevitable trend of development of China’s antitrust private enforcement system further improve theanti-monopoly law effective implementation of important economic and social significance. Thearticle is divided into five parts, the first section outlines the basic theory of the antitrust laws ofprivate enforcement and three specific antitrust private enforcement regime theory sources; antitrustlaws theoretical basis for private enforcement; The anti-monopoly law definition of privateenforcement. Followed by antitrust private enforcement regime visits abroad, mainly from the modeof implementation of the system of private enforcement, the implementation of the main remediesand execution process private enforcement and public enforcement division to coordinate four,indicating that the private enforcement regime that exists in reality rationality; articles third part ofthe system of private enforcement of existing antitrust pros and cons analysis, to arrive at the realproblem has advantages as well as its implementation; then discusses the current system of privateenforcement of the antitrust laws the status quo, and reveals the reality of the existence of China’santi-monopoly law system of private enforcement; Finally, the anti-monopoly law enforcementmechanisms, the actual demand in the Chinese characteristics and the development of marketeconomy in China has set forth, and this rationalization recommendations.