Font Size: a A A

On The Private Enforcement Of Antitrust Litigation System Agents

Posted on:2014-08-18Degree:MasterType:Thesis
Country:ChinaCandidate:N HuangFull Text:PDF
GTID:2266330392962621Subject:Law
Abstract/Summary:PDF Full Text Request
The construction and implementation of the private antitrust enforcement began inthe US. Compared with public execution, private execution has incomparable superiority,and becomes the tide of international antitrust enforcement mode. Only fully identify ofthe system can lay the foundation for following research. Inspired by legal system andpractice domestic and overseas, and combined with legislation idea of the50tharticle inChinese "anti-monopoly law", we readers realize the importance of private antitrustlitigation. What’s more, we should know how to rationally grasp the alignment of thesuccess of other countries and our rule system. On this basis, this paper puts forwardbuilding agent litigation system in the private antitrust enforcement. Besides rationalcognition, specific ideas can also truly reflect the design sense of the system. This articlemakes some preliminary discussion on how to build the system.This paper consists of four parts:The first part based on a theoretical overview of the private antitrust enforcement,and clearly analyzes the basic concepts and the superiority and deficiencies of the system.Comprehensive understanding of the system is the premise of the whole research.The second part compares domestic with judicial experience abroad. It clarifies thesignificance of agent litigation system and analyzes the feasibility of implementation inour country.The third part introduces the specific construction of the agent litigation system.Combining with the domestic judicial practice, it introduces four preliminary plans aboutapplicable scope, choice of agent, confirmation of plaintiff qualification and distributionof compensation.The fourth part summarizes the whole thesis, which renounces the importance of thissystem. Realizing the construction of this system is not a one-day project, the author stilltakes a positive attitude in perfecting the antitrust enforcement in our country, especiallyin the private antitrust enforcement.Nowadays the public enforcement mainly performs in Chinese antitrust enforcement.Improving the private antitrust enforcement has a long way to go. Scholars concern moreon the public enforcement problems and how to strengthen the private enforcement. Theypay little attention on how to improve the system of private antitrust enforcement. Based on recognition of private enforcement shall be a world trend, this paper proactivelyexplores how to execute better the private antitrust enforcement under our legal system.Hope to make render contributions to the Chinese private antitrust enforcement,especially in the private antitrust enforcement.
Keywords/Search Tags:anti-monopoly law, private enforcement, agent litigation
PDF Full Text Request
Related items