Research The Anti-monopoly Law System Of Forgiveness

Cartel behaviour in the market competition has seriously undermined the fairmarket competition order, restriction of competition between market operators is asecret, so by the anti-monopoly law against. As the cartel’s hidden, makinganti-monopoly law enforcement agencies to find and punish cartels becomes verydifficult. Anti-monopoly law of forgiveness is the system designed specifically foran effective law enforcement system of Cattell, this system is for the purpose ofillegal behavior by encouraging Cattell to participants actively report Cattell to theanti-monopoly law enforcement agencies, in order to obtain remission of punishment,reduce the burden of antitrust enforcement mechanism in Cattell found violations ofthe information and evidence the. In order to maintain a fair competition order, allthe countries of the world take a very tough sanctions on Cattell, with the provisionsof competition law in many countries more and more perfect, against Cattell’s effortsare also increasing, Cattell means also more subtle, the form is also more flexible.The anti-monopoly law enforcement agencies to detect and punish Cattell alsogradually become a very difficult thing. Forgiveness system is generated in thiscontext.This article is to perfect our pardon system as the main research objective,systematic analysis and Study on the related theory of anti-monopoly forgivenesssystem and problems in practice. The article is divided into four parts:The first part, an overview of anti-monopoly law of forgiveness system. Firstlythe concepts, clear connotation and representation of forgiveness system, that systemis through forgiveness " to reduce their liability to the antitrust enforcement agenciestake the initiative to informers offenders, even give preferential." The design of sucha system, to achieve the purpose of effectively combating cartels. Secondly, analysisof the development of imagery forgiveness system, starting from the system background, the historical development of the longitudinal perspective offorgiveness system, the horizontal angle of the development trend of leniency. Then,by using the theory of economics, the mechanism of jurisprudence, sociology andcriminal psychology of forgiveness system, research on the basis of the forgivenesssystem’s value goal and the system superiority and potential risk.The second part, analysis of the composition of anti-monopoly law offorgiveness system. This article from the forgiveness system’s applicable scope,applicable objects, condition three aspects, comprehensive analysis of the maincomposition of forgiveness system. From all the countries in the anti-monopoly lawprovisions for forgiveness system’s point of view.forgiveness system suitable for theunion limit competition behavior; its applicable objects include enterprises andindividuals; through a comparative study of the United States, the European Unionand the applicable conditions of the Asia-Pacific region forgiveness system, thegeneral conditions for the forgiveness.The third part, the effective implementation of anti-monopoly law to safeguardsystem. From the two aspects of forgiveness system’s rules and operation of theexternal legal environment, to ensure the effective implementation of the system.Design the reasonable forgiveness treatment, transparent convenient forgivenessimplementation procedures, strict legal sanctions, efficient anti-monopoly lawenforcement.The fourth part, our country the status quo forgiveness system of antitrust lawand perfect. In this part of the article, firstly, analysis of the status quo and legislativesystem of China’s anti-monopoly law of forgiveness system, on the basis of China’santi-monopoly law of forgiveness system perfect put forward overall train of thoughtand suggestions.