On The System Construction Of Anti-monopoly Public Interest Iitigation

Since2008, China’s anti-monopoly law was being concerned by public after it has been implemented. Economy is the focus of the people of the whole country and the state government, but also related to national security and people’s daily life. Anti-monopoly law is not only the law be used to regulate the national economy by state government, it is legal with people’s lives. However, in China’s judicial practice, the results of the implementation of the anti-monopoly law are not satisfactory. This is mainly related to the current implementation mechanism of China’s anti-monopoly law. The most important of which is the people who are the most sensitive to the market and the ultimate bearers of the economic crisis can’t participate in the implementation of the anti-monopoly law. The construction of anti-monopoly public interest litigation system is particularly important in economic develop rapidly period. In view of this, the paper describe the current implementation mechanism of China’s anti-monopoly law, and analyze the existing problems, and finally put forward my views on the establishment of the anti-monopoly public interest litigation.I start from the purpose of the anti-monopoly law, analyze and make sure the target which the legislators want to achieve through the process of implementation of anti-monopoly law. Then try to understand what is the purpose of implementation of the anti-monopoly law. Finally, analyze the situation of the implementation mechanism of the anti-monopoly, and propose that anti-monopoly public interest litigation must be one part of the implementation mechanism of anti-monopoly law. In the last of the article, I analyze present articles of anti-monopoly law, then make some preliminary ideas for the establishment of specific systems. Specifically, the subject qualification, the burden of proof, incentive and restraint mechanisms.