The Study Of Private Enforcement Mechanism Of Ani-monopoly Law

There is a comparative advantage compared to public implementation that the private implementation of the Antitrust Law has highly motivation,is free from the constraints of the the public budget to legal enforcement activities,a strong deterrent to the parties who implement monopolistic behavior. Therefore,the private implementation of the Antitrust Law should be motivated and encouraged. There are also some disadvantages on private implementation. Private parties maybe make use of the Antitrust Law skillfully for their own interests,initiate the legal proceedings without enough reasons and relevant facts,boycott the normal market competition. Therefore, some correspondingly constraint measures should be taken to the private implementation of the Antitrust Law. Public implementation and private implementation constitute the implementation system of antitrust law. Since the promulgation and implementation of Chinese Antitrust Law,the introduction of Judicial Interpretation of Antitrust Law made it further refinement and improvement. This reflects the importance attached to the private implementation of Chinese Antitrust Law. Based on the high-speed development of the national economy and continuing market economic reforms,the implementation of Chinese Antitrust Law has been strengthened,not only based on the consideration of free and fair competition environment in the domestic market,but also conforming to the trend of the world and taking the strategy of the international trends into the consideration. Nevertheless,due to the private implementation of chinese antitrust is still at its preliminary stage and the lack of the practical experiencejudicial system and legislation is not perfect. There are still many inadequacies of private implementation system in Chinese Antitrust Law.To respond the real needs and realizing the reality of the lack of research,author writes this article on the basis of the results of previous studies,trying to make some efforts for the construction and improvement of private implementation system in Chinese Antitrust Law. The idea and path of this article are:firstly,giving the definition to the private imlementation of antitrust law and making a discussion in details to the basic principles of antitrust law from the methods and mode of implementation. Secondly,making analysis of the value of private implementation in antitrust law from the necessity,superiority and deficiencies of private implementation. The theoretical basis of the private implementation are given from the point view of jurisprudence and economics. Thirdly,according to the study of the history and the development situation around the world of the private implementation, its origins and evolutionary process are revealed. The revelation of the system construstion of private implementation of Chinese Antitrust Law are drawn. Lastly,based on the investigation of the private implmentation in Chinese Antitrust Law,especially to the analysis of the the background,the main content and meanings as well as deficiencies of the judicial interpretation of antitrust law,in order to construct and perfect the private implementation system of chinese antitrust law, some concrete proposals are put forward from the view of promoting private litigation,strengthening antitrust supervision and dealing with the coordination with public implementation perfectly.