Necessity Of Illegal Monopolistic Behavior Of Criminal Sanctions

China’s "anti-monopoly law" is not on the illegal monopoly criminal sanctions, China’s "criminal law" only provides belongs to the price monopoly of collusive bidding criminal sanctions, but does not provide for criminal sanctions on the abuse of dominant market position, which is not in accordance with the situation of China’s economic development is not in line with the international trend, there are loopholes in the law to some extent, need to formulate relevant laws to regulate it.The first chapter defines the concept of legal monopoly behavior and illegal monopolistic behavior, analysis of China’s "anti-monopoly law (Draft)" was required to criminal sanctions for illegal monopolistic behavior, but in the end, the formal implementation of the "anti-monopoly law" was deleted this provision, mainly considering our country’s socialist market economic system is still not perfect, the illegal monopoly serious is not large, not to our country socialist market economy order seriously threatened. China’s "criminal law" had only stipulated the price monopoly of collusive bidding criminal sanctions, the other acts of price monopoly does not require criminal sanctions for its,need to formulate relevant laws to regulate it.The second chapter points out that monopoly behavior for serious illegal criminal sanctions have already become the international trend.Analysis of the United States, Japan, Taiwan province of China and the necessity of representative of other countries and regions of the illegal monopoly and the specific provisions of criminal sanctions, combined with the actual situation in China, the monopoly agreement and abuse of dominant market position respectively, conviction and sentencing of unit crime, the implementation of double penalty system, implement imprisonment and penalty punishment about personal crime.The third chapter puts forward it is necessary to criminal sanctions for illegal monopolistic behavior. First, the illegal monopoly destroys the free competition mechanism, damage to the consumers and the legitimate rights and interests of other operators, disturbed the social order of income distribution, with serious social harm. Second, the illegal monopoly behaviors also undermine the protection of China’s "criminal law" the order of the socialist market economy, with the criminal illegality. Third, the illegal monopoly behavior should be punished. Civil sanctions and administrative sanctions has exposed some shortcomings, not illegal monopolistic behavior against serious illegal, to take the most severe criminal sanctions for civil sanctions and administrative sanctions, in order to safeguard the socialist market economic order.The fourth chapter puts forward legislative proposals on the illegal monopoly behaviors of criminal sanctions. On the illegal monopoly behavior crime legislation pattern, take charge a certain monopoly agreement and the crime of abuse of dominant market position crime, take double penalty system of unit crime, personal crime of imprisonment and penalty punishment, to analyze the causes of operators the same illegal monopoly concentrated behavior and administrative monopoly is not criminal sanctions, finally, the provisions of the criminal law for this kind of crime, so as to achieve the ultimate objective of writing this thesis.