Research On Anti-monoply Public Interest Litigation

With the continuous development of economic globalization, the monopolybehavior also follow. Monopoly always with own monopoly power, adopt variousways on other operators, to limit the competition, keep their monopoly position, onthe other hand, various of unreasonable to charge consumers, the situation hasintensified, severely disrupted the market economic order, harm national and socialpublic interests. Article55of the civil procedure law the new changes, is a big stepforward for public interest litigation in our country, it is then opens the door to thepublic welfare lawsuit research. However inadequate in that it only involves thepollution of the environment and consumers’ rights and interests protection, not tothe anti-monopoly public interest litigation system to make clear and specificprovisions. How to effectively regulate monopoly, fill the blank of the the law, andconstantly improve and perfect our country antitrust legislation system, so thatpeople could better use legal weapons to safeguard themselves and social publicinterests, has become a social focus now. We must take the anti-monopoly publicinterest litigation system to build the enormity of the mission, the a long way to go inthe legal practice continuously explore and go forward.This paper on the historical origin of anti-monopoly public interest litigation inparsing, and then at the macro and overall explains the concept and characteristics ofanti-monopoly public interest litigation system, such as the premise of basic theory,from the perspective of jurisprudence and political economics systematicallyanalyzed the theory basis of anti-monopoly public interest litigation system in ourcountry at present, and analyzing the current situation of our country’s antitrustsystem, discusses the problems existing in the antitrust legislation and practice.Through the comparative analysis method, to the United States, Britain, Germany,Japan and so on several developed countries anti-monopoly public interest litigationsystem in-depth analysis, draw lessons from the United States, Japan and othercountries of advanced legislation experience, on the basis of the analysis ofcreatively anti-monopoly public interest litigation in our country construction measures, the author thinks that, build anti-monopoly public interest litigationsystem in China should stick to the procedural law in the service of substantive lawand the protection of social public welfare, the principle of promoting social progressand economic development. Litigation model to perfect the representative lawsuitsystem and the introduction of group lawsuit system of litigation mode; Procedurerules on the specification of the plaintiff qualification, determine the jurisdiction ofthe court, the rational allocation of the burden of proof, and establish a litigationcosts and incentive mechanism of litigation and the implementation of theanti-monopoly public interest litigation supervision mechanism. In order to helpbuild anti-monopoly public interest litigation system in China.