Anti-monopoly Law Private Enforcement Mechanism In China

Good competitive environment is an important factor to maintain a healthy andorderly operation of the national economy, countries around the world have introducedanti-monopoly law to regulate market structure and behavior in order to create andmaintain a good competitive environment as the pioneer of western. Anti-monopoly lawpractice has proved more than100years, now it plays a very important role in thedevelopment of national economy. By the way, in order to reach the legislation goal, notonly need a perfect anti-monopoly law, but also need a more completeness and effectiveenforcement mechanisms of anti-monopoly law. Known as the “economic constitution”,the "people’s Republic of China anti-monopoly law" went into effect on August1,2008,have already become an important milepost in China economic development history.But until the May8,2012“on the trial of cases of civil disputes law applicationproblems caused by the monopoly regulation”,(hereinafter referred to as the “judicialinterpretation”) was formally introduced, through the legal system of the blank for along time period, so that China anti-monopoly law and judicial practice made a slowprogress. The judicial interpretation of a total of sixteen, as the first ministry of justiceinterpretation of the Supreme People’s Court promulgated in the anti-monopoly trialfield, began formal implementation on June1,2012. Therefore, the private enforcementof an-monopoly law in our country has made a significant progress. As scholar Qi says,“Enforcement mechanism is the life of anti-monopoly law”. How to realize the purposeof legislation enforcement mechanism of anti-monopoly law in our country, and theestablishment and implementation of which mechanisms can promote the realization ofour anti-monopoly law, this problem is what our country anti-monopoly law entered theimplementation stage must be faced.The anti-monopoly law enforcement mechanisms in the world now can be dividedinto public-enforcement and private-enforcement. With different constitute, differentfunctions, laws restrict each other and complement each other. From the perspective ofmost countries in the world, public-enforcement plays a major role in the enforcementof anti-monopoly law. Therefore, our country pays more attention on public executionin the development of “anti-monopoly law”, at the same time, on discussions ofimplementation of anti-monopoly law, the public is more specific and feasible. Duringthe anti-monopoly private enforcement, China promulgated the “anti-monopoly law”has been involved, but in a very long period of time only fiftieth provisions, apparently too simple, in the aspect of legislation is still have a great blank area. With the2012“anti monopoly law judicial interpretation” issued, clearly stipulates the monopoly civildispute case, the plaintiff qualification type, jurisdiction, burden of proof and litigationprescription, the legal basis of private enforcement of anti monopoly in china. At thesame time，there are some provisions are not detailed enough, the operability is notstrong, many implementation details can not be a series of problems reflected, lag oflaw enforcement mechanism has seriously restricted the healthy development of China’santi-monopoly law, it needs subsequent legislative and judicial activities regulations onprivate implementation mechanism for more detailed supplement.Through the anti-monopoly legislation and practice experience of foreign countries,to conduct in depth research on private-enforcement mechanism of anti-monopoly law.On one hand, it is useful complement and necessary correction of public-enforcement,on the other hand, it plays an important role in the implementation of anti-monopolylaw on the protection of rights and interests of consumers. Therefore, research on anti-monopoly private enforcement mechanism, to establish and improve the legal system inChina, has a very important significance to promote the healthy development of themarket economy of our country.