Study Association Civil Liability Monopolistic Behavior

In recent years, the phenomenon of trade association implement monopoly behavior is more harmful in China. Because of its various entity and behavior, monopoly behavior of trade association will have a marginal effect on society. This monopoly behavior not only rejects enterprise’s legal competitive behavior, but also limits enterprise’s normal operating behavior and effects customer’s spending. However, according to law, victims can’t get legal relief in reality. Antimonopoly law of China and other laws and regulations didn’t provisions civil liability of trade association’s monopoly behavior. Law deficiency creates barriers on the way of which victims safeguard their rights. So we need that law provisions civil liability of trade association’s monopoly behavior at an early date. It can provide legal basis for victims to safeguard their rights and help them to offset their loss.There are main four parts to propose the theory framework of civil liability of trade association’s monopoly behavior in this lecture.At the first part, it is theoretical analyses of civil liability of trade association’s monopoly behavior in the mass. At first, it is about distinguishing trade association’s monopoly behavior and enterprise’s monopoly behavior, summary of legal quality of civil liability of trade association’s monopoly behavior. Next, it is about analysis of necessity and possibility of which trade association and enterprise take responsibility and theory foundation for take responsibility.At the second part, it shows legislation present conditions about overseas competition laws and Chinese laws related to trade association implement monopoly behavior. In order to state that overseas competitive laws related to civil liability of trade association implement monopoly behavior has reached perfect level. But Chinese laws shows weak level and they need compensate for weaknesses of civil liability as soon as possible. At the third part, it discusses civil liability of trade association implement monopoly behavior composing element from four aspects, including unlawful act, subjective fault, damage consequence, relation between unlawful act and damage consequence. The purpose is provide legal basis for victims to judge whether the monopoly behavior come into existence and take legal action.At the forth part, it give advises about the ways to realize civil liability of trade association implement monopoly behavior. The ways include establishing types of civil liability which are ceasing the infringing act and compensate for loss. They also include discussing the compensatory way of entities which are trade association and enterprises, using punitive compensation as compensatory number.