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On The Construction Of China’s Antitrust Damages System

Posted on:2014-02-08Degree:MasterType:Thesis
Country:ChinaCandidate:X HuangFull Text:PDF
GTID:2246330398959852Subject:Economic Law
Abstract/Summary:PDF Full Text Request
With the growing development of economic globalization, economic law has been an important guarantee for managing and coordinating economic activities, maintaining the social economic order and its active role in the market economy shall be strengthened increasingly. Anti-trust law, as an important constitutive requirement of economic law is the central legal system for maintaining the market competitions. It can play an influential role in setting up socialism market economy which is dynamic, effective, free and open.Any person who implements the behavior that violates anti-trust law thus causing the damage to others, shall assume the corresponding legal liabilities so incurred, namely anti trust civil liabilities. Anti-trust liability for damage, as an important and central form for antitrust civil liabilities, can realize the restrictions and deterrence to the doer who violates anti-trust law and compensate the victim for the loss so incurred as well. Therefore the construction of damage compensation of anti-trust law can play an influential role in the implementation of anti-trust law against private person.However there is not any provision on specific content of antitrust liability for damage specified in Chinese Anti trust Law and Provisions on Several Issues concerning the Application of Law in the Trial of Civil Dispute Cases Arising from Monopolistic Conduct(hereinafter referred to as Judicial Interpretation on Antitrust), making the antitrust liabilities for damages can be carried out according to the provisions on relevant civil liabilities for damages in Chinese Civil Law in the specific implementation process. Due to the particularities in anti-trust law and various differences between anti-trust law and civil law with respect of legislative intent, protection target, right subject scope and liabilities for damage scope, the due legal functions can not exert its effectiveness fully in accordance with provisions on the general civil liabilities for damages and legal intent is hard to be fully realized. So in this article, the author tries to solve the relevant problems in the judicial practice from the constitutive requirements of antitrust liabilities for damages and compensation rate so as to offer some suggestions on the construction of Chinese antitrust liabilities for damages and promote the private implementation of anti trust law.There are four parts in this article; the first is to carry out overview on antitrust liabilities for damages and make specific investigations on the connotation and functions on anti trust liabilities for damages and the relation between anti trust liabilities for damages and general civil liabilities. The second part is to explain the current situations and issues of Chinese anti trust liabilities for damages, to raise the existing issues in Chinese anti trust liabilities for damages in combination with the relevant provisions on Chinese Anti trust Law and Judicial Interpretation on Antitrust through case analysis. The third is about the references of foreign law on antitrust liabilities for damages. Based on the relevant provisions in the major countries and regions with more mature anti trust liabilities for damages, the references is made on determining the claim right subject, constitutive requirements and damage amount in anti trust liabilities for damages; at the same time, an analysis is made on the three major rates for anti trust liabilities for damages, namely absolute treble damage, discretionary treble damage and single damage and the experiences that can be used for reference in China also summarized. The last part is the conception on improving antitrust liabilities for damages. Based on the Chinese national actual conditions and in combination with the existing issues in Chinese antitrust liabilities for damages and the advanced legislative experiences of major countries and regions, the author raises the suggestions on improving anti trust liabilities for damages that are in conformity with Chinese antitrust legislative intent.
Keywords/Search Tags:antitrust-law, damage compensation, constitutive requirements, doubledamages
PDF Full Text Request
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